H J BAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this case, the arguments of the counsel for the petitioner were heard on 24th June, 1997, and he has completed his arguments.

(2.) The counsel for the respondents after making her submissions on the said date prayed for grant of time to take instructions in the matter and this petition had been adjourned today. Today the counsel for the respondents submit that she has not received instructions and she prays for further grant of time. No further indulgence is required to be given. This is the matter of the year 1985 and though more than 12 years have passed, the respondents have even not cared to file reply to the Special Civil Application. The prayer made by the counsel for the respondents is declined.

(3.) The petitioner, a Mukhiya Shevika, working in the Panchayat department of the Government of Gujarat, filed this Special Civil Application and prayer has been made for direction to the respondents to consider her case for promotion to the post of Gujarat Vikas Seva Varg-II equivalent to the post of Taluka Development Officer with her all rights and benefits from the date of passing of the order dated 5th January, 1985. Under the order dated 5th January, 1985, many juniors to the petitioner have been given promotion to the post of Gujarat Vikas Seva Varg- II. The petitioner entered in the service of the Panchayat department as, Mukhiya Shevika on 11th January, 1960, but still she continues on the very post on which she has been appointed. For all these years i.e. about 27 years she did not get any promotion. It has been given out by the petitioner that in her service record though there was no adversity, but purposely to deny him promotion, adverse remarks have been communicated to her vide memo dated 24th March, 1982 for the year 1977-78. Similarly, vide memo dated 24th March, 1982, the adverse remarks were communicated to the petitioner for the period from 1st April, 1978 to 17th September, 1978.