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LPA/327/1995 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 327 of 1995
In
SPECIAL
CIVIL APPLICATION No. 1471 of 1983
With
CIVIL
APPLICATION No. 1307 of 1995
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
STATE
OF GUJARAT & 1 - Appellant(s)
Versus
P
M PATEL & 6 - Respondent(s)
=========================================================
Appearance :
MR
NJ SHAH AGP for Appellant(s) : 1 - 2.
MRS SANGEETA N PAHWA for
Respondent(s) : 1,
RULE SERVED for Respondent(s) : 2 -
3.
UNSERVED-EXPIRED (R) for Respondent(s) : 4,
RULE SERVED BY
DS for Respondent(s) : 4.2.1 - 7.
None for Respondent(s) :
6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 15/11/2011
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE KS JHAVERI)
1. This
Letters Patent Appeal has been preferred against the judgment and
order dated 01.02.1995 passed by the learned Single Judge in Special
Civil Application No.1471 of 1983.
2. We
have heard Mr. NJ Shah learned AGP for the appellants and Mrs.
Sangita Pahwa learned counsel for respondent no.1. While deciding the
writ petition, the learned Single Judge observed that in none of the
replies to the representations submitted by the respondent-employee,
it was pointed out that he could not be considered for promotion as
he had not passed the departmental examination. Thus, it was never
brought to the notice of the respondent-employee that he was required
to pass the departmental examination, which was a condition
precedent, for getting promotion to the next higher post.
3. Further,
it was urged on behalf of the appellants that as the
respondent-employee had passed the departmental examination in 1963
while he was serving under the State and had resigned from the State
service and joined the Panchayat service in the year 1965, the
passing of the departmental examination before his appointment in
Panchayat service cannot be taken into consideration for the purpose
of promotion as the syllabus of examination, which was in force in
1963, had changed. However, the said submission did not find
acceptance with the learned Single Judge since it ran counter to the
Gujarat Panchayat Service (Promotion to Cadres in State Services)
Rules, 1974 wherein, the only condition stipulated is to clear the
departmental examination and to submit option within four months from
the date of publication of the Rules or appointment on the post. The
respondent-employee had fulfilled both the requirements and
therefore, the learned Single Judge allowed the writ petition filed
by the respondent.
4. In
view of the above, we find no merits in the appeal and hence, the
appeal is dismissed.
Consequently,
the civil application is also dismissed. Interim relief, if any,
stands vacated.
[V.M. SAHAI, J.]
[K. S. JHAVERI, J.]
Pravin/*
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