RK DIVYESHWAR Vs. PRAVINBHAI RANCHHODBHAI PATEL

JUDGEMENT

(1.) Amendment granted. The same shall be carried out. The counsel for respondent no.1 invited Court's attention to the findings of the Committee and submitted that for considering the case of the applicant for promotion to the post of Additional District Judge, as there was no actual working on his part, the notional promotion was given.

(2.) Prima facie, we are of the view that the review has been rejected and it has been confirmed by the Supreme Court. Therefore, if the direction of this Court is to be enforced, then there is no other option but to treat the applicant as if he was in service and, accordingly, the benefits were accorded to him. Relevant direction of this Court contained in order dated 27.3.2014 in Letters Patent Appeal Nos.1395 and 1358 of 1998 reads as under:-

(3.) His non-serving during the period was not of his own accord, rather he was prevented from serving. Hence, the situation needs to be viewed which warrants strict adherence and compliance with the order, operative part whereof is set out herein above, which in our prima facie view, include the actual benefit of promotion also.