STATE OF GUJARAT Vs. K C KAKKAD

JUDGEMENT

(1.) The State of Gujarat has preferred this Civil Revision Application under Section US of the Code of Civil Procedure challenging the judgment and order dated 26th August, 1991, passed below Exhibit-1 being Regular Darkhast No. 10 of 1990.

(2.) It appears mat respondent plaintiff, the Assistant Teacher instituted Regular Civil Suit No. 415 of 1987 in the Court of Civil Judge (S.D.), Porbandar, inter alia contending mat as per Notification of 1977, he has passed the prescribed Departmental Examination, which is fixed for getting promotion to Class-II post and on the date of passing such examination, he was entitled to promotion. He. therefore, inter alia, prayed that his position in the seniority list was not correctly shown and that on the basis of the date of passing the examination, he was entitled to promotion to Class-II Post. Such suit was resisted by the State of Gujarat by filing written statement and by contending that the name of the plaintiff appeared at Serial No. 1513 in seniority list which was published on 2nd of May, 1984 and seniority cum merit was the criteria for promotion to Class-II post. On the pleadings of the parties, the Trial Court framed issues at Exhibit-19 and after recording oral as well as documentary evidence, it has by judgment and decree dated 6.12.1989 decreed the suit of the plaintiff and declared that the act of the defendant in not granting promotion to Class II post of Education Department (Administrative Branch) is illegal, unconstitutional and void. The defendants were further directed to reconsider the case of the plaintiff afresh and to pass necessary order for promotion with other service benefit which is available to the plaintiff.

(3.) It is not disputed before this Court and the learned Assistant Govt. Pleader Ms. Katha Gajjar, states before the Court that against such judgment and decree of the Civil Court, no Appeal is preferred by the State of Gujarat and that has become final.