NITINKUMAR RATILAL SHAH Vs. SECRETARY

JUDGEMENT

(1.) PETITIONER was appointed as a Senior Clerk in the College of respondent no.2 in the year 1978. Petitioner holds a Degree of M.Com., LL.B. In the month of September 1988, the Head Clerk was promoted to the post of Office Superintendent and, therefore, the post of Head Clerk fell vacant. As the petitioner was a Senior Clerk and had not been extended any promotion from the date of his appointment, he put forward his claim to be promoted on the post of Head Clerk, which was rejected by respondent no.2.

(2.) THE petitioner, therefore, preferred Application No.67 of 1993 before the Tribunal, praying, inter alia, to declare the action of the respondent College in not promoting the petitioner to the post of Head Clerk as illegal.

(3.) MR.A.D.Oza, learned counsel appearing for the petitioner vehemently submitted that respondent no.5 had not filed any substantive application before the Tribunal, but still the Tribunal erroneously proceeded to grant substantial relief in favour of respondent no.5. Mr.Oza further submitted that the Education Department i.e. respondent no.4 refused to sanction approval to the promotion of respondent no.5 and, therefore, respondent no.5 continued as a Store Keeper till he retired on 14th June 2004. Mr.Oza brought to the notice of the Court that respondent no.5 was appointed as a Laboratory Assistant and was promoted as a Store Keeper with effect from 24th March 1976. The setup of the cadre is reflected from the statement 'KH' of the Government Resolution dated 7th April 1978 produced at pp.49 to 54. Under such circumstances, according to Mr.Oza, the promotion was available to respondent no.5 as per the cadre shown in the said statement and accordingly he was promoted as a Laboratory Assistant to the cadre of Store Keeper.