S M DIVATE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) . This is a writ petition filed by an employee in Helper category, in which he was made grievance that promotion has wrongly been denied by the respondent to him and complaining against the action of the respondent to fill in one post of Assistant Instructor Grade III by direct recruitment, from the category of Physically Handicapped. The petitioner has come up with the case that the respondent No.4 who has been given promotion is junior to him in the category of Helper. The validity of the rule has also been challenged.

(3.) . This petition at this stage is difficult to entertain. In such matters, the petitioner has to first approach to the respondent No. 2 by filing a detailed representation and only where that officer sit over the representation for considerably long time or decides against him then there may be some semblance of justification in his action to approach to this Court by this special civil application under Arts. 226 & 227 of Constitution. Otherwise also filing of the petition under Art. 226 of the Constitution of India by such a low paid employee is certainly very expensive and may be difficult for him to bear out the expenses of litigation.