DILIPSINH M ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS intra-court Letters Patent Appeal has been filed challenging the judgment dated 9.12.2003 passed by the learned Single Judge in Special Civil Application No. 1067 of 2002 by which the learned Single Judge has affirmed the minor punishment imposed on the appellant of stoppage of two increments without any future effect by order dated 12.4.2001.

(2.) MR. A.S.Supehia, learned counsel appearing for the appellant has urged that the learned Single Judge has not considered as to whether in spite of minor punishment, the appellant was entitled for consideration of his claim for promotion or not. He urged that the learned Single Judge in the last paragraph of the judgment, has dealt with the question of future promotion and has held that the question of promotion does not arise in the writ petition.

(3.) SO far as the question raised by the learned counsel for the appellant with regard to promotion is concerned, we are of the opinion that the appellant has raised this question in para-16 of the writ petition. It was dealt with by the learned Single Judge in the last paragraph of the judgment. Even if we in this Letters Patent Appeal uphold the minor punishment, even then the claim of the appellant for promotion to the next higher promotion is liable to be considered in view of the Government Resolution dated 18.3.1998 Annexure "L" to the petition, if promotion of the candidates who are similarly situated to the appellant or his juniors have been considered by the respondent, in case, juniors have been promoted on the next higher post. This Letters Patent Appeal is disposed of with observation that in case the appellant's juniors have been promoted, then the respondents shall consider the claim of the appellant for promotion in accordance with law.