M D SINOJIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Letters Patent Appeal under clause 15 of the Letters Patent has been preferred by the appellant herein original petitioner challenging the impugned order dated 10.11.2009 passed by the learned single Judge in Special Civil Application No.11537 of 2009 by which the learned single Judge has dismissed the said Special Civil Application preferred by the appellant herein original petitioner (hereinafter referred to as petitioner ) in which the petitioner challenged the decision dated 28.05.2007 of the State Government/Revenue Department, State of Gujarat by which the name of the petitioner at Sr.No.3947 in the final seniority list of the Deputy Mamlatdar came to be deleted.

(2.) FACTS leading to the present Letters Patent Appeal in nut-shell are as under:

(3.) SHRI Virat G. Popat, learned advocate appearing on behalf of the appellant herein original petitioner has vehemently submitted that as such the learned single Judge has materially erred in holding that by the impugned communication no prejudice has been caused and the order dated 10.11.2009 cannot be said to be in breach of principles of natural justice. It is submitted that once the name of the petitioner was put at Sr.No.3947 in the final seniority list and when the same is changed and the petitioner is placed in the seniority list at lower place and when the promotions to the post of Mamlatdar is given on the basis of the seniority cum merit, it can be said that it will cause great prejudice to the petitioner and more particularly when the impugned decision was taken after a period of three years from the date of finalization of the seniority list (State-wise) atleast the petitioner was required to be given an opportunity of being heard.