A M PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by original petitioner in SCA No. 8079/92 for direction to the respondents to consider his case for promotion to the post of Supdt. Engineer from the post of Excutive Engineer by ignoring pendency of departmental proceedings against him. It may be stated that in the main petition filed by the petitioner he has infer alia prayed for identical relief seeking directions to the respondents to consider his case for promotion to the post of E. E. with effect from 30-7-1990 or from the date on which his immediate junior was promoted. At that time he also sought interim relief directing respondents to issue him no objection certificate for obtaining passport to go to USA.

(2.) It appears that R. A. Mehta J. by order dated 2 granted interim relief directing the respondents to issue No Objection Certificate to the petitioner so that he can get immigration visa. The department was aggrieved by such order and preferred LPA No. 8/93 which was decided by judgment and order dated 27- 1-1993. Excepting imposing condition of furnishing security of immovable property to the tune of Rs. 1 lac directions issued by the learned single Judge were not interfered with and the LPA was rejected.

(3.) By this application the petitioner has prayed for further direction directing the respondents to consider his case for promotion to the post of Supdt. Engineer and this prayer is required to be considered in the following facts situation.