(1.) The petitioner has preferred this petition against the judgment and order dated 5.6.87 passed by the Gujarat Civil Services Tribunal in Appeal No.553/83 whereby the tribunal partly allowed the appeal and set aside the order of promotion to the petitioner to the post of Head Clerk and held that since the petitioner herein is already recruited to the post in question and since the respondent No.1 herein is already given promotion to the post of Head Clerk, in case, the Honourable Supreme Court overrules the judgment of the Division Bench of this court in Special Civil Application No.374/78 (Tike's case) then as a consequence thereof the respondent No.1 shall stand reverted and the statusquo ante shall be restored.
(2.) . The facts of the case are that the petitioner was promoted from the post of Senior Clerk to the post of Head Clerk. Against the decision of the authority of granting permission to the petitioner herein, one Mr.M.V.Padhiar, the respondent No.1 herein had preferred appeal being Appeal No.553/83 before the Gujarat Civil Services Tribunal (hereinafter referred to as "the Tribunal") and in the said appeal initially the petitioner was not shown as party and the tribunal had passed the judgment and order on 31.12.1984. The said decision of the tribunal was challenged by the petitioner by preferring Special Civil Application No.345/85 and ultimately the said petition came to be allowed by this court only on a short point that the petitioner who was affected by the outcome as he was not implemented as party and vide order dated 4.3.85 this court quashed the order of the tribunal and directed the tribunal to decide the matter afresh.
(3.) . Thereafter, the appeal came to be heard afresh by the tribunal and ultimately on 5/06/1987 judgment and order came to be delivered by the tribunal whereby the appeal was partly allowed and the order granting promotion to the petitioner herein was set aside with a clarification that if the judgment of the Division Bench of this court in Special Civil Application No.374/78 is reversed by the Supreme Court, the respondent No.1 herein shall stand reverted and statusquo ante shall be restored.