BL DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has made following prayers in para No.31 of the petition filed under Article 226 of the Constitution of India.

(2.) AT the outset, learned advocate Shri Vora appearing for the petitioner states that the petitioner is not pressing for prayer 31B as regards finalization of seniority. He, however, submitted that the petitioner has been done with injustice in the matter of consideration of his case for promotion to ClassI post.

(3.) THE petition is opposed by affidavit in reply dated 24.01.1994, stating that the case of the petitioner was considered by the Departmental Promotion Committee (DPC), which met twice on 14.09.1987 and on 05.06.1990. But, after considering the confidential report of the petitioner for last 5 years, the D.P.C. did not find the petitioner suitable for Principal ITI, ClassI/Assistant Director (Training), which was the common cadre. It is also stated in the said reply that the petitioner was not found to be of proved merits and efficiency from amongst the persons, constituted from Cadre ClassII post. It is further stated that the representation of the petitioner against the adverse remarks for the period from 01.06.1986 to 31.03.1987 was rejected and therefore, the petitioner was not found fit to be considered for the promotion to Class I post. Further affidavit in reply dated 09.07.2013 is also filed on behalf of the respondent, pointing out that the petitioner has been given promotion to the post of Principal, ClassI with effect from 23.07.1993.