NARAN RAIYA SINDHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. HS Soni, learned advocate appearing for respondent no.1 and Mr. Biren Vaishnav, learned advocate appearing for respondents no. 2 to 4 waive service of notice of Rule. With the consent of the parties, matter is taken up for final hearing today.

(2.) THE petitioner has prayed for quashing and setting aside the order dated 14.06.2012 passed by respondent no. 3 whereby the petitioner is reverted to his original post as Gram Sevak.

(3.) MR . Biren Vaishnav, learned advocate appearing for respondents no. 2 to 4 has supported the stand of the respondents and submitted that the promotion of the petitioner to the post of Extension Officer was purely conditional. He submitted that the petitioner was promoted subject to conditions that he shall be required to pass the departmental examination as prescribed by statutory rules within the specified chances as provided by the Departmental Examination Rules 1976. He submitted that the petitioner did not pass the examination though he was given eight chances and therefore he was liable to be reverted by the Panchayat as he failed to comply with the conditions of promotion contained in the order dated 19.08.1996.