S R BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The controversy in the present petition under Article 226 of the Constitution of India has shrunk down to a very narrow dimension. The question with which this Court is confronted is whether the claim of the petitioner who claims to have been promoted when his junior got promotion is justified ? In other words the question which falls for consideration and adjudication is as to whether the respondent-government should be directed to grant deemed date of promotion as and when his junior came to be promoted from the cadre of Section Officer (SO for short) to the cadre of Under Secretary (US for short) in the Sachivalaya set up?

(2.) In order to appreciate the merits of the aforesaid contention and the challenge against it it would be necessary to have a resume of material facts.

(3.) The petitioner has inter alia contended that he was working as US in the Subordinate Secretariat Service on being promoted to the said post on 29-12-1979 when the petition was filed.