B A SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two appeals, which are filed under Clause 15 of the Letters Patent, are directed against judgment dated 25/01/1991 rendered by the learned Single Judge in Special Civil Application No. 1490/80. As common questions of facts and law are involved in these two appeals, we propose to dispose of them by this common judgment.

(2.) The appellant in Letters Patent Appeal No. 116/91 is the original petitioner and for the sake of convenience we propose to refer to him as 'original petitioner' in this judgment. He was recruited as Foreman-Instructor at I.T.I., RAjkot in April, 1968. The respondents no.3 & 4 were recruited as Foreman-Instructor in the year 1970 & 1971 respectively. A seniority list of Foremen-Instructors was published on 11/04/1978. Therein, name of the original petitioner appeared at serial no.16; whereas names of respondents no.3 & 4 were shown at serial nos.18 & 21 respectively. The next higher post for promotion from the post of Foreman-Instructor is that of Superintendent Gr.I. From the post of Superintendent Gr.I, the next higher post for promotion is that of Principal Class-II and the next stage of promotion is to the post of Principal Class-I. The respondents no.3 & 4 were promoted on officiating basis to the post of Superintendent in the year 1979 and at that time original petitioner was holding additional charge of Principal, I.T.I. Jamnagar. However, the respondents no.3 & 4 were regularly promoted to the post of Principal Cl.II by an order dated May 27/29, 1980. Thereupon the original petitioner filed Special Civil Application No. 1490/80, inasmuch as he was denied promotion to the higher post, while those who were junior to him were promoted. The learned Single Judge before whom the petition was placed for admission hearing, admitted the petition and by way of interim relief directed the respondents not to disturb the then existing post of the original petitioner. Accordingly, the original petitioner continued to work on the post of Principal Cl.II. Subsequently, during the pendency of the petition he came to be promoted to the post of Principal Cl.I in the year 1983. In view of this development which took place during the pendency of the petition, the point which was considered by the learned Single Judge was whether the original petitioner was entitled to deemed date of promotion with effect from the date on which the respondents no.3 & 4 were promoted to the post of Superintendent and then to the post of Principal Cl.II.

(3.) The respondents no.3 & 4 had filed affidavit-in-reply stating, inter-alia, that they had no objection to the original petitioner being treated as senior to them in the cadre of Superintendent Gr.I as well as in the cadre of Principal Cl.II and Principal Cl.I. It was also stated by them in the reply that they had no objection if deemed date of promotion was given to the original petitioner, to the post of Superintendent with effect from 16/09/1979 and to the post of Principal Cl.II with effect from 29/05/1980 as well as to the post of Principal Cl.I with effect from October 28, 1983.