STATE OF GUJARAT Vs. H S PARMAR

JUDGEMENT

(1.) We are not inclined to admit this appeal filed under Clause 15 of the Letters Patent, preferred by the appellants- State authorities challenging oral order dated 4.4.2018 passed in Special Civil Application No.16580 of 2010 whereby the learned Single Judge held that the petitioners-respondent would be entitled for promotion to the post of Additional Registrar of Co-operative Society with effect from 2.4.2011 i.e. the date on which their juniors came to be promoted.

(2.) In the above context, learned Assistant Government Pleader, Ms. Nisha Thakore, would contend that mandatory direction to grant promotion of the original petitioner, respondent No.1 herein, would be again a case to be examined in this appeal, since promotion is not a matter of right and an employee, who is otherwise eligible, is to be considered by the Departmental Promotion Committee. Reliance is also placed on the decision in the case of Anil Kumar Vs. Union of India and Ors. decided by the Hon'ble Apex Court on 21.1.2019 in Civil Appeal No.888 of 2019 wherein Hon'ble Apex Court directed that in the event the ACRs for the relevant period are upgraded in that case, the case of the appellant for promotion to the post of Senior Deputy Secretary/Controller of Administration shall be considered afresh by the Departmental Promotion Committee expeditiously and such exercise was to be carried out with reference to the date on which his junior in service came to be promoted.

(3.) During the pendency of this appeal, another decision on the subject dated 10-7-2019 in the case of Pankaj Prakash Vs. United India Insurance Company Ltd. and Anr. rendered in Civil Appeal Nos.5340 to 5341 of 2019 by Hon'ble Apex Court is brought to our notice wherein also, certain directions were given in para 15 of the judgment directing the authorities to follow the procedure by communicating the employee the un-communicated entries in the ACRs which were taken into account for the promotional exercise of 2014- 15 along with other directions.