SURENDRABHAI DUNGYABHAI BHOYE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed seeking following reliefs:

(2.) It is the case of the petitioner that as he, upon completion of 9 years of his service, was eligible for promotion to class-I post, of Junior Registrar, Cooperative Societies, and could not be promoted because of non-convening of meeting of DPC in time, he is entitled for deemed date of promotion and consequently entitled for pensionary benefits accordingly.

(3.) Facts, in brief, are as under: The petitioner was appointed as Junior Clerk in Information Department, Ahwa on 22/11/1984. The service of the petitioner was thereafter continued with various departments of State of Gujarat. He was granted promotions and was also transferred on various departments of the State Government. The petitioner was lastly promoted in the cadre of District Registrar, Class-I and completed 9 years of his service on 25/6/2017. Therefore, he was eligible to be considered for further promotion to the post of Joint Registrar w.e.f. 25/6/2017. The post of Joint Registrar, Cooperative Societies is to be filed on the basis of Seniority-cum-merit and as the petitioner was having Good ACRs, he ought to have been promoted, if the DPC would have been convened prior his retirement. It is also case of the petitioner that there were 17 posts vacant of Joint Registrar at State and District level on 31/3/2021. Aggrieved by his non-promotion on account of non-convening of DPC, the petitioner has preferred the present petition.