STATE OF GUJARAT Vs. KIRAN SURENDRABHAI SHETH

JUDGEMENT

(1.) By way of this Letters Patent Appeal, the appellant State has assailed the judgment and order passed by the learned Single Judge dtd. 6/8/2015, allowing the captioned writ petition filed by respondent no.1 - employee (original petitioner), challenging the action of the department denying him promotion to the post of Deputy Executive Engineer. The learned Single Judge, after considering the Government Resolutions that were on record and the judgments of the Supreme Court, has ultimately directed the appellant - department to grant actual promotion to the respondent-employee to the post of Deputy Executive Engineer (Class-II) with effect from 31/5/2015, i.e., the day when his juniors were promoted.

(2.) The brief facts that are established on record and pleadings are that the respondent no.1 - employee (original petitioner) was serving as an Assistant Engineer Civil. As per the seniority list published on 1/3/1993, the name of the respondent-employee figured at Sr. No.670, and his immediate junior - Haresh Narendrabhai Bhatt, at Sr. No.671.

(3.) On 17/9/2011, the First Information Report, being CR No. I-8 / 2011, came to be registered against the respondent employee for the offences punishable under the Prevention of Corruption Act, 1988.