BABUBHAI JETHABHAI PATEL Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) ADMIT. Learned advocate Mr. Hamesh Naidu waives service of notice of admission on behalf of respondent Nos. 1 and 2.

(2.) The present Letters Patent Appeal filed under Clause 15 of the Letters Patent emanates from the judgment and order dtd. 29/6/2022 passed by the learned Single Judge in the captioned writ petition, whereby the learned Single Judge has dismissed the writ petition filed by the appellant challenging the action of the respondents denying him promotion to the post of Principal Private Secretary, Class-I.

(3.) The appellant joined the service as an English Stenographer Grade-II on 10/11/1978 and thereafter, was promoted to the post of English Stenographer Grade-I on 11/5/1998. He was serving in the establishment of Vadodara District Court and thereafter, he was serving at District Court, Chotta Udepur since it was established w.e.f. 24/12/2016. The issue of denial of promotion to the post of Principal Private Secretary, Class-I cropped up when the order dtd. 11/10/2017 was passed by Principal District Judge conferring promotion to the employees, as mentioned in such order in the cadre of Stenographer Grade-I (Class-I). In the said order, the name of the appellant figures at Sr. No.2 and in the column of remarks, it is recorded that "Not granted as the Hon'ble High Court has considered him not fit to be appointed as ex-post-facto Principal Private Secretary (Class-I) in view of the letter No.B.1440/86 dtd. 7/2/2017". The appellant meanwhile retired on 31/7/2013. The appellant became eligible for promotion on 12/5/2013. On coming to know about the said order denying him promotion ex post facto to the post of Principal Private Secretary, Class-I the appellant made a representation on 8/11/2017 to the Registrar General, High Court of Gujarat.