Gujarat High Court
Shakuntla Rameshbhai Varlekar vs State Of Gujarat on 28 January, 2022
Bench: Niral R. Mehta
C/LPA/1038/2021 ORDER DATED: 28/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1038 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 6276 of 2021
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SHAKUNTLA RAMESHBHAI VARLEKAR
Versus
STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the Appellant(s) No. 1
for the Respondent(s) No. 2,3,4
MR DHWANI TRIPATHI, AGP (99) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 28/01/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)
1. Feeling aggrieved and dissatisfied by the
judgment and order dated 07.06.2021 passed by the
learned Single Judge in Special Civil Application No.
6276 of 2021, the appellant has preferred this intra
court appeal under clause 15 of the Letters Patent.
2. Heard Mr. Nirav Majmudar, learned advocate for
the appellant and Ms. Dhwani Tripathi, learned AGP
for respondent no.1 on advance copy.
3. The following facts emerge from the record of
the appeal -
3.1 That the appellant was working as nurse with the
respondent authority. It is the case of the
appellant that as the respondent authorities did not
C/LPA/1038/2021 ORDER DATED: 28/01/2022
grant deemed date of promotion to the appellant for
the post of Head Nurse from 20.06.2002, though the
appellant was eligible, a representation was filed.
The record indicates that the appellant approached
the learned Gujarat Civil Services Tribunal by filing
an appeal, which came to be rejected vide order dated
23.06.2014. The appellant challenged that order as
well as communication dated 03.07.2014 sent by
Government Ayurvedic Hospital at Vadodara and prayed
for similar reliefs as prayed before the Tribunal as
under-
"B. Be pleased to issue appropriate writ,
order or direction and be pleased to quash and
set aside the illegal action of respondent
authorities of not granting the deemed date of
promotion to the petitioner to the promotional
post of Head Nurse Grade 3 w.e.f 20/06/2002 the
said action of the respondent authorities of not
granting the deemed date of promotion to the
petitioner to the promotional post of Head Nurse
Grade 3 w.e.f 20/06/2002, may be quashed and set
aside as the said action is arbitrary, illegal
and violative of Article 14 of the "Constitution
of India and be pleased to grant disburse all.
other benefits arising out of it with. all
consequential benefits with difference of salary
to be paid at 12% interest.
C. Be pleased to issue appropriate. writ,
order or direction and be pleased to grant
deemed date of Head Nurse Grade 3 from
20/06/2002 as the petitioner was eligible and
entitled for the promotion for the aforesaid:
post, . the petitioner has been deprived of the-
same and therefore deemed date of promotion is
sought and be pleased to grant disburse all
other benefits arising out of it with all
consequential benefits and with difference of
salary to be paid with 12% interest. |
C/LPA/1038/2021 ORDER DATED: 28/01/2022
D. Be pleased to issue appropriate writ, ,
order - or direction and be pleased to quash and
set aside the order dated 22/01/2021 passed by
the Gujarat Civil Service Tribunal and to quash
and set aside the communication dated 23/06/2014
sent by the concerned respondent authorities and
to quash and set aside the communication dated
03/07/2014 sent by Government Ayurvedic Hospital
at "Vadodara, and be pleased to grant disburse
all other benefits arising out of it with all
consequential benefits with difference of salary
to be paid with 12%. interest.
E. Be pleased to appropriate writ, order or
direction and be pleased to direct the concerned
respondent authorities to adjust the name of the
present petitioner in the seniority list of Head
Nurse Grade from the deemed date of promotion
along with consequential benefits arising out of
it.
F. Be pleased to grant interim relief and. by
way of interim order Be pleased to issue
appropriate writ, 7 order or direction and be
pleased to grant deemed date of Head Nurse Grade
3 from 20/06/2002 as the petitioner was eligible
and entitled for the 'promotion for the
aforesaid post, the petitioner has. been
deprived of the same and therefore deemed date
of promotion is sought and be pleased to grant
disburse all the benefits arising out of it with
all consequential benefits with difference of
salary to be paid with 12% interest."
3.2 The learned Single Judge of this Court having
considered the material on record, has observed thus -
"[4] The Court has heard learned advocates for
the parties and perused the documents placed on
record. It appears from the finding recorded by
the Gujarat Civil Services Tribunal that the
alleged claim of the petitioner is crystallized
in the year 2002 when a junior employee
belonging to the same reserved category was
given promotion, whereas the promotion given to
C/LPA/1038/2021 ORDER DATED: 28/01/2022
the petitioner was on 17.11.2011. The petitioner
on 06.10.2010 made a request for deemed date for
the first time to consider her promotion from
the date on which her junior came to be promoted
i.e. in the year 2002. Despite the decision
communicated to the petitioner by the
authorities, the petitioner has not challenged
the same, but kept on making one representation
after another, which in the opinion of the Court
will not extend the cause of action to consider
the case of the petitioner favourably. Over and
above this, the petitioner is also delayed in
filing an appeal before the Gujarat Civil
Services Tribunal which was filed in the year
2020 to challenge the decision of the
authorities on her representation for deemed
date on which the decision was dated 23.06.2014.
[5] The Court has taken into consideration the
decision of the Apex Court in the case of Union
of India and others vs/. C. Girija and others,
reported in 2019(15) SCC 633, in the case of
State of Uuttaranchal v/s. Shiv Chanra Singh
Bhandari and others, reported in 2013(12) SCC
179 and in the case of P.S.Sadasivaswamy v/s.
State of Tamil Nadu, reported in 1975(1) SCC
152, wherein the issue of promotion was treated
to be of having consequences on the other
employees and therefore, specifying the period
of agitating the issue at the most within a
period of six months to one year. In the instant
case, it is held by the Gujarat Civil Services
Tribunal, the petitioner has agitated the issue
belatedly in the year 2014 for the cause which
had arisen in the year 2002."
4. Mr. Majmudar, learned advocate appearing for the
appellant has not been able to point out any error
from the view taken by the learned Tribunal. Mr.
Majmudar candidly submitted that there is delay of 12
years. We are in total agreement with the view taken
by the learned Single Judge and no interference is
called for. The appeal being meritless, deserves to
C/LPA/1038/2021 ORDER DATED: 28/01/2022
be dismissed and is hereby dismissed.
As the appeal is dismissed, connected Civil
Application, if any, stands dismissed.
(R.M.CHHAYA,J)
(NIRAL R. MEHTA,J)
BIJOY B. PILLAI
