STATE OF GUJARAT Vs. JITENDRA C. VACHARAJANI

JUDGEMENT

(1.) THE present appeal is directed against the judgement and order dated 25.8.1999 passed by the learned Single Judge of this Court in Special Civil Application No.611 of 1987, whereby the learned Single Judge has directed that the petitioner be granted exemption from passing SIS Examination and he be considered for promotion to the next higher post at par with other 23 persons and it is further directed that since the petitioner has retired, his pension and retiral benefits should also be revised accordingly in case he is found fit for promotion.

(2.) AS such the facts are that as per the Rules for Departmental Examination for appointment to the Supervisory Post, it is an admitted position that the examination was required to be cleared before reaching the age of 40 years. The petitioner, when was granted exemption from passing Bombay Accounts Clerk Examination vide order dated 12.4.1971 ­ Annexure-G, he had already crossed the age of 40 years, since he was of 41 years of age. Therefore, the petitioner had justifiable case in praying that the exemption should have been granted to him from the eligibility criteria of 40 years and to that extent the order of the learned Single Judge could be said as justified.

(3.) APART from the above, the exemption came to be granted to the petitioner in the year 1971 vide order dated 12.4.1971. Thereafter, if he was desirous to appear at the examination, he should have agitated the said question so that he could clear the examination well in time and thereafter, he could have competed for the promotion, but it appears that the petitioner has raised the grievance for the first time in the year 1987 by preferring a petition. Therefore, there was delay operating of 16 years in preferring the petition or for making the grievance on the part of the petitioner.