KISHANCHANDRA CHANDULAL DALWADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ -application under Article 226 of the Constitution of India, the petitioner, a Motor Vehicle Fitter, Grade -I under the respondent No.1 has prayed for the following reliefs: -

(2.) The facts of this case may be summarized as under: -

(3.) The principal argument that the learned counsel appearing for the petitioner is that the impugned letter dated 3.3.2016 refers to the Notification dated 24.6.2015, and by the said Notification, the respondent No.1 has framed the Police Sub Inspector (Motor Transport), Class -III Recruitment Rules, 2015. Rule 2(A)(i) refers to promotion of a person of proved merit and efficiency from amongst the person who has worked for not less than 5 years in the feeder cadres. According to the learned counsel, the said Notification or Rules will not apply in the case of the petitioner, since the same are applicable from 24.6.2015, whereas the list for the eligible candidates was issued on 30th April, 2015 and the result of which was declared on 26.5.2015. According to the learned counsel, his client would be governed by the earlier rule, namely - Police Sub Inspector (Motor Transport) Recruitment Rules, 1986, and in the said Rules, there was no requirement of five years service in the feeder cadre. Thus, the subsequent change in the Rules of 2015 has affected the chances of promotion of the petitioner.