JITENDRAKUMAR KARAMSINHBHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner by this petition has prayed for the relief, inter alia, for appropriate writ to declare the action of the respondent is illegal in not considering the eligibility of the petitioner for the post of Forester with the retrospective effect in view of the fact that his case was required to be considered from the date on which Shri S.S.Babariya was appointed as Forester with effect from 23.10.2002 and it is also prayed by the petitioner to direct the respondent to give the deemed date for the appointment of the petitioner as Forester from 23.10.2002. The consequential benefits are also prayed.

(2.) HEARD Mr.Ankur Y. Oza, learned counsel appearing for the petitioner and Mr.Dhawan Jayswal, learned AGP for the respondent.

(3.) IT is true that in the order it is observed that the promotion shall be subject to the final order which may be passed by this Court in the present proceedings. However, pertinent aspect is that neither in the order of the promotion nor there is any consideration by the respondent as to whether the petitioner is entitled to the deemed date as Forester from dated 23.10.2002 i.e. the date on which Shri Babariya has been appointed.