STATE OF GUJARAT Vs. SAVITABEN HIRAJIBHAI

JUDGEMENT

(1.) BY way of present appeal, the appellants have challenged the legality and validity of the judgment and order dated 23rd April 1997 passed by the Assistant Judge, Bhavnagar in Regular Civil Appeal No.171 of 1995, confirming the judgment and decree dated 29th September 1995 passed by the Civil Judge (Senior Division), Bhavnagar in Regular Civil Suit No.616 of 1987.

(2.) THE brief facts giving rise to the present appeal are that the respondent was serving as an unarmed lady Police Constable with effect from the year 1977 under the appellant No.3. As per the case of the respondent before the Courts below, she is entitled to be promoted to the post of Head Constable since the year 1977. Hence, she submitted an application dated 01st January 1985 to the appellant No.3 and subsequently also made applications. However, all in vain and, therefore, she filed Regular Civil Suit No.616 of 1987 before the Civil Judge (Senior Division), Bhavnagar. THE trial Court after hearing the parties has decreed the suit vide impugned judgment and decree dated 29th September 1995. 2.1 Being aggrieved by the said judgment and decree, the appellants herein preferred Regular Civil Appeal No.171 of 1995, which ultimately came to be dismissed vide impugned judgment and order dated 23rd April 1997 passed by the Assistant Judge, Bhavnagar, confirming the judgment and decree passed by the trial Court. Hence, present appeal.

(3.) IN view of aforesaid and applying the aforesaid ratio of the above cited decision in the present case, I am of the opinion that the Courts below have assigned cogent and convincing reasons for arriving at the conclusion. Over and above the aforesaid reasons, I adopt the reasons assigned by the Courts below and do not find any illegality much less any perversity in the findings recorded. I am in complete agreement with the findings recorded by the Courts below. No case is made out to interfere with the findings recorded by the Courts below. Hence, present appeal deserves to be dismissed.