J. VENKATARAMANAN Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, the petitioner herein has challenged the impugned communication No.1147/2023, dtd. 4/8/2023, addressed by the Registrar, City Civil and Sessions Court, Ahmedabad, under the instructions of the learned Principal Judge, whereby the petitioner was informed that the representation made by the petitioner to grant exemption from passing the Gujarati Language Test, has been ordered to be "Filed".

(2.) Brief facts leading to the filing of the present petition read thus:

(3.) Placing reliance on the aforesaid facts, Mr. Y.N. Ravani, learned advocate appearing for the petitioner, submitted that the impugned communications dtd. 4/8/2023 and 6/10/2023 deserve to be quashed and set aside; the same being contrary to the Rules, 1970. It is submitted that the petitioner herein has been regularly granted his increments, higher grade pay, upgradation/promotion, as referred above, without insisting for the clearance of Hindi/Gujarati Language Examination. It is submitted that after considering the petitioner eligible for higher pay scale and promotion, the respondent authority is now estopped from asking the petitioner to clear the Hindi/Gujarati Language Examination at the fag end of his career inasmuch as the same amounts to be deemed waiver of the said condition. It is submitted that the question of any eligibility aspect of the petitioner for holding the post of English Stenographer, at the fag end of the petitioner's career, does not arise. The aforesaid is governed by the principles of estoppel as the services of the petitioner is obtained as English Stenographer without insisting for Hindi/Gujarati Language Examination Certificate and as and when the petitioner became due to be eligible for the pensionary benefit, the same cannot be deprived of on a condition, which has been impliedly waived by the respondent authority.