KISHORCHANDRA GANDULAL PETHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP Mr.Hasurkar waives service of notice of rule on behalf of the respondents. At the joint request of the learned advocates appearing for the parties, the petition is taken up for final disposal today.

(2.) In the present petition, the petitioner has complained about his non-promotion by the Government from the post of Legal Superintendent (Junior Duty) Class-II in the pay-scale of Rs.6500-10500 to the next promotional post of Legal Superintendent (Senior Duty) Class-II in the scale of Rs.8000-13500.

(3.) The short facts leading to the present petition are that the petitioner who is working with the Government as Legal Superintendent (Junior Duty) Class-II was due for consideration for his promotion to the next higher post of Legal Superintendent (Senior Duty) Class-II. On availability of vacancy, meeting of the Departmental Promotion Committee was held on June 18, 2003. It is the case of the petitioner, with which there is no serious dispute raised by the respondents, that the DPC considered the case of the petitioner for promotion and he was also placed in the select list. It is also the case of the petitioner that as required under the Rules, the proposed promotion of the petitioner was also approved by the Gujarat Public Service Commission (hereinafter to be referred to as GPSC) on 22.8.03. The petitioner has further contended that the General Administration Department also cleared the proposal for promotion of the petitioner and the said proposal was also approved by the Minister concerned.