STATE OF GUJARAT Vs. T M SOLANKI

JUDGEMENT

(1.) WE have heard Ms. Jirga Jhaveri, learned Asstt. Government Pleader for the appellants and Mr D.P. Vora, learned counsel for the respondent. This intra court Letters Patent Appeal has been filed challenging the judgment dated 2.3.2001 passed by the learned Single Judge in Special Civil Application No.6930 of 1991.

(2.) THE respondent was directly appointed as District Employment Exchange Officer on probation after having been selected by the Gujarat Public Service Commission on Class II post. Whereas one Mr N.A. Parmar who was employed as Class III Officer was promoted subsequently after the respondent was appointed and in the seniority list of District Employment Exchange Officer, the respondent was at Sr.No. 11 and name of Mr N.A. Parmar was at Sr.No.32. Learned Single Judge has given reasons in para 6 of the judgment wherein he has stated that since deemed date of promotion was given to Mr N.A. Parmar on the promotional cadre of Sub Regional Employment Officer on ad hoc basis w.e.f. 10.1.1985 from the date his junior was granted promotion, consequently the respondent being senior was also entitled for future promotion. Para 6 of the judgment is reproduced as under: