B R ACHARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner B. R. Acharya who is working as a probation officer under the Probation of Offenders Act 1958 within the administrative set Up of the Directorate of Social Defence State of Gujarat has come to this court by way of the present petition under Article 226 of the Constitution of India read with Articles 14 and 16 thereof making a grievanCe that respondent No. 4 who is at present working as Deputy Director in the same Directorate of Social Defence has been illegally promoted even though originally the petitioner was senior to respondent No. 4 in the lower cadre of the same service. The petitioner has challenged the promotions given to respondent No. 4 on three occasions firstly in December 1977 when respondent No. 4 was promoted as Chief Officer Probation of Offenders Act secondly in November 1978 when he was promoted as Child Marriage Prevention officer in class 11 service and lastly when he was promoted on 19.5.1982 as Class I officer in the same service as Deputy Director

(2.) In order to appreciate the grievance of the petitioner who has argued this petition in person. it is necessary to briefly note at the outset the relevant service history of both the contenders viz. the petitioner on the one hand and respondent No 4 on the other.

(3.) Main contention of the petitioners :- In the background of the comparative service history or the petitioner and respondent No 4. the main contentions canvassed by the party-in person will have to he considered. His main submissions are as under :-