N J ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, a Supervisor in the photo registry wing of respondent No.2, filed this writ petition under Article 226 of the Constitution of India challenging thereunder the order dated 12.8.95, under which the respondent No.4 was given promotion to the post of Junior Assistant Manager. He prayed for declaration that the petitioner is eligible and entitled for promotion to the post aforesaid. As usual, prayer has also been made for interim relief.

(2.) The respondent No.4, during the pendency of this Special Civil Application, has been confirmed on the said post. However, whatever orders passed of his confirmation etc. on the post are certainly subject to final decision of this Court in this Special Civil Application. The learned counsel for the petitioner has given out that the respondent No.4 has also been given promotion to the next higher post but as he did not want to go out of Ahmedabad, he has forgone that promotion and is continuing on this post for all these years. One more important fact has also been brought to the notice of this Court by the learned counsel for the parties that the respondent No.4 has already applied for voluntary retirement from services and he will retire from services on 13/09/1999.

(3.) Nobody is present on behalf of respondent No.4.