UPADHYAY TUSHARBHAI BHARATBHAI Vs. HIGH COURT OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Ms.Harshal Pandya for the petitioner, learned advocate Mr.Hemang Shah for respondent Nos.1 and 2, whereas learned Assistant Government Pleader Mr.Manan Mehta appeared for respondent No.3 - State.

(2.) Petitioner has prayed as under. direct the respondent No.2 to consider the application of petitioner made pursuant to advertisement dated 19.09.2018 published by respondent No.2 inviting application for promotion to the post of Assistant from the person serving as Peon on the establishment of Family Court, Bhavnagar, in light of the judgment and order dated 30.01.2018 in Miscellaneous Civil Application No.138 of 2018 and Letters Patent Appeal No.2357 of 2017

(3.) After process of selection, petitioner was appointed as Peon on 10th April, 2002 in the District Court, Surendranagar, whereafter he came to be transferred to Bhavnagar district on his request with loss of original seniority. By Government Resolution dated 02th September, 2011, Shetty Pay Commission's recommendations were accepted by the authority. 25% of the entry level clerical posts of Class-III were provided to be kept reserved for Class-IV employees possessing the qualifications for the promotion as Assistant. The petitioner herein possesses the Bachelors Degree.