M M LAHORI Vs. K C ABRAHAM

JUDGEMENT

(1.) AS common questions of law and fact are involved in both the petitions and civil applications, they were all heard together and are being disposed of by this common judgment and order.

(2.) THIS litigation has a chequered history. Record reveals that the petitioner appearing as a party-in-person is litigating since 1986 and as on today also he does not appear to be tired despite the fact that he has retired from service some time in the year 1996. Number of petitions have been preferred since 1986 till this date along with various civil applications for one relief or the other relating to promotion. The facts are so inextricably mixed up and the pleadings are also so poor as a result of which it is very difficult to understand as to exactly what the petitioner- party-in-person is seeking from this Court. However, I have tried my best to gather the facts from the record which reveal one thing that the petitioner was denied promotion to which according to him, he was entitled in the year 1988 as he was senior most person as Assistant Director, Forensic Science Laboratory Department, State of Gujarat and he ought to have been promoted to the post of Deputy Director. His grievance so far has been that his colleagues junior to him who were working as Assistant Director were promoted whereas he has been denied promotion on various grounds not tenable in the eyes of law.

(3.) IT appears that thereafter Special Civil Application No.2056 of 2007 came to be preferred. All the matters were being heard together time to time. I have noticed one order passed by learned Single Judge dated 01.12.2010 which makes it clear that many of the reliefs were given up by the petitioner and he confined his challenge only so far as promotion to the post of Deputy Director with retrospective effect and consequential benefits is concerned and prayers no.1 and 2 in Special Civil Application No.6338 of 1995 which are connected. IT would be expedient to quote the order dated 01.12.2010 passed by learned Single Judge in Special Civil Application No.2056 of 2007 and connected matters. When the matter is taken up today, the Party-in- Person Shri M.M.Lahori, who is appearing as petitioner in Special Civil Application No.2056 of 2007 and Special Civil Application No.6338 of 1995 has, drawn the attention of the Court to the prayer clauses in both the petitions. Prayer No.1 on page 34 of Special Civil Application No.2056 of 2007 has been deleted. Prayer No.2 is the same as prayer No.3 on page 16 of Special Civil Application No.6338 of 1995. Prayer No.3 in Special Civil Application No.2056 of 2007 is exclusive to that petition and does not find mention in the prayer clause of Special Civil Application No.6338 of 1995. Prayer No.4 in Special Civil Application No.2056 of 2007 is the same as prayers Nos.1 and 2 of Special Civil Application No.6338 of 1995, which contains only three prayers. IT is stated by Mr.M.M.Lahori, Party-in-Person that he does not press prayer No.2 in Special Civil Application No.2056 of 2007 regarding Departmental Inquiry No.44 of 1993 as the said prayer no longer survives since the Censure given by the Government in the said Inquiry has been deleted by Government Notification dated 16-5-1996, which is mentioned in a copy of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971,under Part III DISCIPLINE, on page 239 in Special Civil Application No.2056 of 2007. Further, the Party-in-Person submits that prayer No.3 in Special Civil Application No.2056 of 2007 regarding Departmental Inquiry Case No.49 of 1994 also does not survive in view of order dated 10-7-2008 passed in Special Civil Application No.2056 of 2007. Therefore, as stated by the Party-in-Person, prayer No.4 in Special Civil Application No.2056 of 2007 regarding direction to the State Government to promote the Party-in-Person as Deputy Director with retrospective effect and consequential benefits and prayer Nos.1 and 2 in Special Civil Application No.6338 of 1995, which are connected,are the only prayers that survive in both the petitions. Mr.M.M.Lahori, Party-in-Person has conceded this factual position. Since the working time of the Court is over, the matter is adjourned to 24-12-2010.