Gujarat High Court
Rajnikant Harishchandra Dataniya vs Secretary on 9 April, 2025
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/12352/2018 JUDGMENT DATED: 09/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12352 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
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Approved for Reporting No Yes
✔
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RAJNIKANT HARISHCHANDRA DATANIYA
Versus
SECRETARY, & ANR.
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Appearance:
DWIJEN JOSHI(8518) for the Petitioner(s) No. 1
MR DP JOSHI(1163) for the Petitioner(s) No. 1
MR. AAKASH GUPTA, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 09/04/2025
ORAL JUDGMENT
1. Heard Mr. D.P. Joshi, learned advocate appearing for the petitioner and Mr. Aakash Gupta, learned Assistant Government Pleader appearing for the respondents-State.
2. By way of the present Petition, petitioner herein has prayed for the following reliefs:
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NEUTRAL CITATION C/SCA/12352/2018 JUDGMENT DATED: 09/04/2025 undefined "11. On the above grounds, and those that may be urged at the time of hearing of this petition, this Hon'ble Court:
(A) This Honourable Court be pleased to admit and allow this petition;
(B) The Honourable Court may be pleased to issue appropriate writ, order or direction including the writ in the nature of mandamus and present petitioner's name be added in the order dated 23.10.2017 after Serial No.5 Shri D. N. Bhavsar and before Serial No.6 Shri L.K. Jogal.
(C) This Honourable Court may be pleased to direct the respondent authority to appoint present petitioner on the basis of assessment of the present petitioner for the post of Under Secretary after going through all formalities with all consequential benefits.
(D) Pending, admission, hearing and/or final disposal of this Special Civil Application this Honourable Court may be pleased to direct the respondent authority to pass order of promotion including the name of the present petitioner in an order dated 23.10.2017 after Serial No.5 Shri D. N. Bhavsar and before Serial No.6 Shri L.K. Jogal with all consequential benefits.
(E) This Honourable Court be pleased to grant any other and further relief/s as may be deemed fit in the facts and circumstances of the case."
3.1. Briefly stated, the petitioner herein has joined the service as Deputy Section Officer on 22.10.1996 with Social Justice and Empower Department, the appointment order is duly produced at Annexure-A. 3.2. It is the case of the petitioner that the petitioner was required to be promoted from the post of Deputy Section Officer to the post of Section Officer on 27.08.2011 and was posted at Industries and Mines Department, Gandhinagar, said order is duly produced at Annexure-B. Page 2 of 4 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Fri May 09 2025 Downloaded on : Fri May 09 21:44:36 IST 2025 NEUTRAL CITATION C/SCA/12352/2018 JUDGMENT DATED: 09/04/2025 undefined 3.3. The petitioner herein was at serial no. 2354 in the seniority list prepared on 16.09.2014, the said seniority list was duly produced at Annexure-C. Though the petitioner was senior, the petitioner was not considered for promotion on the promotional post of Under Secretary and his juniors were promoted to the post of Under Secretary, on 23.10.2017. The aforesaid has given rise to the filing of the present petition, with the reliefs as stated herein-above.
4. Mr. D.P. Joshi, learned advocate appearing for the petitioner submits that no reasons are assigned worth the name, when the petitioner is promoted to the post of Deputy Secretary by order dated 09.10.2020, wherein, the name of the petitioner figures at serial no.1, w.e.f. 23.10.2017.
5. Mr. Aakash Gupta, learned Assistant Government Pleader appearing for the respondents-State submits that the petitioner herein was promoted to the post of Under Secretary, by order dated 09.10.2020, with deemed date of 23.10.2017 alongwith all the notional benefits. It is further submitted that, thereafter, the petitioner was promoted by order dated Page 3 of 4 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Fri May 09 2025 Downloaded on : Fri May 09 21:44:36 IST 2025 NEUTRAL CITATION C/SCA/12352/2018 JUDGMENT DATED: 09/04/2025 undefined 30.06.2022 to the post of Deputy Secretary.
6. Considering the submissions advanced by the learned advocates appearing for the respective parties, it emerges that the petitioner herein was considered for promotion and was promoted to the post of Under Secretary, w.e.f. 23.10.2017, by order dated 09.10.2020 and thereafter, was subsequently promoted to the post of Deputy Secretary by order dated 30.06.2022. In view of the aforesaid, it emerges that the petitioner herein has been promoted from time to time. Upon perusal of the order dated 09.10.2020 promoting the petitioner, it emerges that the petitioner herein has been promoted from the same date, as that of the respondent nos.5 and 6.
7. In view of the aforesaid, the cause raised in the present petition as such, would not survive and the present petition stands DISPOSED OF, accordingly. Interim relief, if any, stands vacated. Civil Application/s, pending, if any, also stands disposed of.
(VAIBHAVI D. NANAVATI,J) Pradhyuman Page 4 of 4 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Fri May 09 2025 Downloaded on : Fri May 09 21:44:36 IST 2025