B.B.MER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. Chetan K. Pandya, learned counsel for the petitioner and Mr.Rindani, learned AGP for the State.

(2.) BY way of this petition, the petitioner has claimed promotion on the post of Deputy Superintendent of Police ('Dy.S.P.' for short) with effect from 05.11.2003, the date on which persons junior to him in the feeder cadre of Police Inspector, were so promoted.

(3.) 4.1 Learned counsel for the petitioner Mr. Chetan Pandya has vehemently contended that the authorities felt defeated and frustrated, since under the orders of this Court, they had to give promotion to the petitioner, on the post of Police Inspector, in the year 1999, with deemed date of 12.09.1991. It is stated that there was no adversity against the petitioner which should have come in his way, in the matter of promotion in the year 2003. 4.2 Learned advocate for the petitioner has also relied on the following authorities in support of the case of the petitioner : 1. 1998 (1) GLR 668 Shankerbhai G. Chaudhary versus State of Gujarat. 2. 2000 (7) SCC 67 Sarabjit Singh versus Ex -Major B.D. Gupta and Others. 3. 2000 (7) SCC 210 Delhi Jal Board versus Mahinder Singh. 4. 1991 (2) SCC 295 Director, Lift Irrigation Corporation Ltd., versus Pravat Kiran Mohanty and Others. 5. 2003 (6) SCC 535 Dwarka Prasad and Others versus Union of India and Others. 6. 2000 (8) SCC 395 Dabrinath versus Government of Tamil Nadu and Others. 7. 1987 (2) SCC 188 Brij Mohan Singh Chopra versus State of Punjab.