KANUBHAI BABUBHAI PATEL Vs. GUJARAT ELECTRICITY BOARD BARODA

JUDGEMENT

(1.) Does the Supreme Court say that at the time of promotion of an employee is lacking in qualification regarding experience for requisite years his promotion to the higher post should be regularized if while serving on the higher post he acquires the experience required for fulfilling the eligibility criterion ? How a decision of the Supreme Court is to be read and understood ? Are the observations made by the Supreme Court to be applied generally in all cases or are they required to be restricted to the context in which they are made ? These are some of the questions which arise in this petition in the background of the facts that follow.

(2.) The petitioner challenges the order of his reversion from the post of meter tester to the post of helper. In response to the advertisement for the post of meter tester the petitioner applied for the same. On the date of interview the petitioner was not possessing the requisite qualifications for the post of meter tester. The requisite qualifications required for the post of meter tester were:

(3.) It is an admitted position that the order of reversion has still not been served upon the petitioner. The petitioner has received information that the order of reversion is passed and he apprehends that the order may be served upon him at any time. In this view of the matter on the short ground alone namely that till today do cause of action has arisen because the petition is filed against apprehended action of reversion the petition is liable to be rejected. However the petition is not disposed of on this ground since the learned Counsel for the petitioner has been heard on merits of the matter.