B B DWIVEDI GAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner at the time of filing this petition was aggrieved of the promotion / appointment given to one Mr. J.H.Babaria on ex-cadre post by order dated 19/11/1998 without considering the case of the petitioner and the persons junior to the petitioner in the cadre of service members of which were considered for such selection on being appointed. The petitioner was also apprehensive of the fact that many more persons junior to him may be appointed in future by passing his claim to the post for being considered on the basis of seniority and other relevant rules.

(2.) During the pendency of this petition, by way of interim order dated 21/5/99, the Court directed that if the Departmental Promotion Committee has taken any decision to promote the officer[s] other than the present petitioner, especially those who are junior to the petitioner, then, such promotion should not be effected or implemented so far as junior[s] of the petitioner is/are concerned. This order was ultimately vacated on 30/06/1999. The Government in General Administration Department has issued appointment orders of 22 Gujarat Administrative Service Officers, out of 20 officers are junior to the petitioner. The respondents have in their reply admitted that the persons junior to the petitioner have been promoted to the ex-cadre posts which carried higher duties, responsibilities and higher pay scale.

(3.) It has further been stated in the reply that, in the first instance, departmental promotion committee met on 30th March 1998 which found that the petitioner Shri Dwivedi was not fit to be included in the select panel of officers for the purpose of appointment to the ex-cadre post. The representation of the petitioner dated 24/11/1998 also did not find favour of the DPC which held its meeting on 10/12/1998. In pursuance of the recommendation of DPC held on 30/3/98, Mr.Babaria was given appointment on 19/11/98 who is admittedly junior to the petitioner. Thereafter, once again, the DPC met for considering the appointment on the ex-cadre post on 26/4/99, which again found the petitioner unfit for inclusion in the select penal and as noticed above, appointment orders were issued on 1/07/1999 amongst whom another 20 persons junior to the petitioner have been appointed.