K. S. JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsels appearing for the parties and perused the record.

(2.) This appeal is directed against the judgment and order dtd. 23/1/2020 passed by the learned single Judge wherein it is categorically recorded that at earlier point of time, a Special Civil Application No.1991 of 1998 was filed by the petitioner herein which was dismissed as withdrawn by order dtd. 15/7/1998 on an application filed by the writ petitioner. A perusal of the order of withdrawal at Page No.18 of the paper book indicates that leave was sought for by the petitioner to withdraw the writ petition as he proposed to make a representation before the competent authority. The prayer to issue mandamus directing to consider the claim of the petitioner for grant of promotion was based on the ground that the petitioner was eligible but the respondents were not applying 'Roster Point Formula'.

(3.) The learned single Judge categorically records and there is no dispute about the fact that no proper representation was made by the petitioner, moreover the petitioner has approached this court by filing this writ petition seeking the same relief as was sought in an earlier writ petition, after a period of ten years. The writ petition out of which the instant appeal has arisen, has also been found to be bereft of necessary facts. The learned single Judge has gone to the averments made in the writ petition as also the representations made by him.