S R MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Court has passed an order on 2.12.2003 that present matter be heard with Special Civil Application No. 8821 of 2001, which came to be disposed of by judgment and order dated 4.3.2011. Said order dated 4.3.2011 reads as under:

(2.) The grievance of the petitioner is that at no point of time, he was considered for promotion to the post of Administrative Officer, Class- II. He was constrained to prefer Special Civil Application No. 11916 of 2000 in this regard and the learned Single Judge of this Court vide order dated 22/11/2000 asked the petitioner to file appropriate representation in this regard and directed the authorities to consider the representation in accordance with law within a stipulated period Pursuant to the directions issued in SCA No. 11916 of 2000, petitioner preferred representation dated 09/01/2001 addressed to the Chief Secretary, Government of Gujarat, Joint Director of Education, Mid-day-Meal and District Education Officer, Gandhinagar. As per the directions issued by this Court, the representation was taken into consideration and the same came to be rejected by Commissioner, Mid-day-Meal, State of Gujarat. While rejecting the representation, it has been stated that the petitioner is at Sr. No. 1202 of the seniority list and the promotions have been given only upto Sr. No. 583 as there are no vacant promotional posts available.

(3.) Mr. J.T. Trivedi, learned Advocate for the petitioner has redressed a grievance that the representation ought to have been decided by the authorities to whom the representation was preferred and not by the Commissioner. It is submitted by Mr. Trivedi that he may be given one more opportunity to approach the authorities in this regard and the highest authority in this regard may be directed to consider the representation.