RAMESHCHANDRA SHIVLAL PATEL Vs. SUPERINTENDING ENGINEER PWD

JUDGEMENT

(1.) Heard the learned counsel for the parties, perused the Special Civil Application and affidavit- in-reply of the respondents.

(2.) The petitioner is an employee of the respondents in the workcharge establishment as Wireman. On this post he was given appointment on 25th December, 1970. Under the order of the respondent dated 24th June, 1981, the petitioner was promoted to the post of Electrician. Though this order of promotion has been made, the same has not been implemented and as such, the petitioner made a representation to the respondents for implementation of the said order. Under the order dated 20.2.1984, annexure 'A' to the Special Civil Application, the petitioner has been informed that his order of promotion on the post of Electrician has been kept in abeyance as other employees have raised objections and no disposal of the same, necessary action shall be taken. Hence this Special Civil Application. Prayer has been made by petitioner for declaring the action of the respondent withholding the promotion of the petitioner vide order dated 20.2.1984 to be illegal, null and void.

(3.) The respondents have filed reply to the Special Civil Application and the petitioner has not filed any rejoinder to the reply though a copy of the same has been received by learned counsel for the petitioner on 28th December, 1988. In the reply, the respondents have given out that under the order dated 24th June, 1981, the petitioner was ordered to be promoted to the post of Electrician without prejudice to the right of seniority of other Wiremen. One Shri B.B. Dave, Wiremen, whose name appeared at Sr. No. 1 in the seniority list raised an objection against the aforesaid order of promotion of the petitioner that the petitioner has been given promotion in disregard of seniority. After considering that objection the respondent has ordered of keeping the promotion order of the petitioner in abeyance and under the order dated 20th February, 1984 the order dated 24th June, 1981 promoting the petitioner to the post of Electrician has been cancelled.