Girijashankar Mohanbhai Sadhu vs State Of Gujarat
2023 Latest Caselaw 2330 Guj

     C/SCA/16124/2021                             ORDER DATED: 16/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 16124 of 2021

==========================================================
                        GIRIJASHANKAR MOHANBHAI SADHU
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
MR JEET J BHATT(6154) for the Petitioner(s) No. 1
MS NIRALI SARDA, AGP GOVERNMENT PLEADER for the Respondent(s)
No. 1
MR DG CHAUHAN(218) for the Respondent(s) No. 2
RONAK D CHAUHAN(7709) for the Respondent(s) No. 2
==========================================================

CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                              Date : 16/03/2023

                                ORAL ORDER

1. By way of present petition, the petitioner has prayed for

the following reliefs:-

42(A) be pleased to issue writ of mandamus or any other

writ order or direction holding the action of the

respondent no.2 authority in not communicating the

confidential report to the petitioner as being illegal and

arbitrary and against the principles of natural justice and

in violation of the directions issued by the Hon'ble

Supreme Court in the judgment of Devdutt Vs. Union of

C/SCA/16124/2021 ORDER DATED: 16/03/2023

India;

(B) be pleased to issue writ of mandamus or any other

writ order or direction, directing the respondent no.2 to

decide the representation of petitioner for upgrading the

confidential report of the petitioner from 2001 to 2009 as

it is the reviewing authority and thereafter consider the

case of the petitioner for promotion with deem date i.e.

the date from which his juniors came to be promoted to

post of Senior Environmental Engineer i.e. 30.04.2010;

(C) be pleased to issue writ of mandamus or any other

writ order or direction, directing the respondent no.2 to

grant the petitioner the promotion to the post of Senior

Environmental Engineer with effect from 30.04.2010 and

thereafter grant all consequential benefits as the

petitioner would be entitled on the post of Senior

Environmental Engineer with effect from 30.04.2010 and

grant the arrears alongwith interest at the rate of 8% till

the payment is made;

(D) be pleased to issue writ of mandamus or any other

writ order or direction, directing the respondent no.2 to

C/SCA/16124/2021 ORDER DATED: 16/03/2023

promote the petitioner to the post of Deputy Chief

Environmental Engineer from the date the petitioner was

entitled to be promoted to the said post after serving for

5 years in the feeder cadre of Senior Environmental

Engineer, i.e. from 30.04.2015 and grant all

consequential benefits alongwith arrears to be paid at

the rate of 8% interest from the date of entitlement till

the date of payment;

(E) pending admission, final hearing of this petition, be

pleased to direct the respondent no.2 to consider the

representation for upgrading and review the confidential

report from the year 2001 to 2009 of the petitioner and if

the confidential reports are upgraded to "Very good" and

the petitioner is found eligible to be promoted to the post

of Senior Environmental Engineer then considered the

case of promotion to the post of Senior Environmental

Engineer with effect from 30.04.2010 along with all

consequential benefits;

(F) to pass any other and further orders as the authority

may deem fit and proper.

C/SCA/16124/2021 ORDER DATED: 16/03/2023

2. Heard learned advocates appearing for the respective

parties.

3. Mr. Jeet Bhatt, learned advocate appearing for the

petitioner submits that the representation made by the

present petitioner was not considered appropriately and he

prays that if the petitioner makes a fresh representation

within two weeks by urging grievance made in the petition,

the same shall be in accordance with law and in light of the

judgment of Hon'ble Apex Court reported in AIR 2008 SC

2513, the grievance of the petitioner would be satisfied.

4. On the other-hand Mr. D.G. Chauhan, learned advocate

appearing for the respondent no.2- G.P.C.B. and Ms. Nirali

Sarda, learned AGP for the respondent no.1 submitted that if

the petitioner shall make representation within two weeks

from today, the same shall be considered as expeditiously as

possible by considering the record available with the authority

in accordance with law.

C/SCA/16124/2021 ORDER DATED: 16/03/2023

5. In the facts and circumstances of the case, it is

appropriate to direct the petitioner to make representation

within two weeks from today. On receipt of such

representation, the respondent no.2 shall decide the same in

accordance with law by considering the facts of the case

within a period of four weeks and shall communicate such

decision to the petitioner within a period of two weeks

thereafter.

6. With the above direction, the present petition stands

disposed of. Direct service is permitted.

(SANDEEP N. BHATT,J) A. B. VAGHELA