PURSHOTTAM N THAKKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition, the petitioner has challenged the decision of respondent No.1, communicated by its Deputy Secretary vide his letter dated 8-3-2001, rejecting the petitioner's demand for promotion to the post of Secretary, Gujarat Legislature Secretariat, with effect from 29-12-1987, instead of 6-1-1989, as well as rejecting the demand of the petitioner in connection with the pay scale of Rs.5900-6700.00.

(2.) The facts of the case leading to the present controversy are as under :

(3.) Being aggrieved by the aforesaid action of the respondents, the petitioner herein preferred Special Civil Application No.2648/1992. In the said Special Civil Application, the petitioner had also prayed that the Secretary, Legislature Secretariat, should be paid the pay-scale and all other benefits available to the Secretary of the State Civil Secretariat. A learned Single Judge of this Court (Coram:R.K.Abichandani, J.), by his order dated 28-2-2000, came to the conclusion that, while passing the order in question, by which alteration was effected in the earlier order by changing the petitioner's date of promotion, no hearing was given to the petitioner, he was required to be heard before altering the date of promotion. It has been observed by the learned Single Judge in para 4 of the judgement as under :