Bhupendrakumar Nanalal Soni vs State Of Gujarat
2024 Latest Caselaw 788 Guj

Gujarat High Court

Bhupendrakumar Nanalal Soni vs State Of Gujarat on 30 January, 2024

Author: Nikhil S. Kariel

Bench: Nikhil S. Kariel

                                                                                  NEUTRAL CITATION




       C/SCA/1021/2024                              ORDER DATED: 30/01/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 1021 of 2024

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                         BHUPENDRAKUMAR NANALAL SONI
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR VAIBHAV A VYAS(2896) for the Petitioner(s) No. 1,10,2,3,4,5,6,7,8,9
MR SAHIL TRIVEDI, AGP for the Respondent-State
for the Respondent(s) No. 1,2
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 30/01/2024
                                 ORAL ORDER

1. Heard learned Advocate Mr. Vaibhav Vyas for the petitioners and learned AGP Mr. Sahil Trivedi for the respondent-State.

2. By way of this petition, the petitioners who are entitled for being considered for promotion to the post of Head Clerk, Class-III claim about a proposed action of the respondents of not adhering to the law laid down by this Court in Special Civil Application No. 7272 of 2017 vide judgment dated 25.04.2022 and in Special Civil Application No. 6684 of 2022 vide order dated 02.08.2022.

3. Furthermore, considering the submissions made by learned Advocate Mr. Vyas and having regard to the prayers made, it would appear that the petitioner are seeking a direction to the respondents to consider the case of the petitioners for promotion to the post of Head Clerk and grant promotion to the petitioners with all consequential benefits. The petition does not contain any averment as regards the respondents having undertaken any process for promotion where the

NEUTRAL CITATION

C/SCA/1021/2024 ORDER DATED: 30/01/2024

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candidature of the petitioners has been ignored. As such, by now it is a well settled position of law that an employee is entitled to claim that he may receive a fair consideration for the purpose of promotion and whereas an employee does not have the right to say that if a post is vacant, then he should be considered for promotion.

4. Having regard to the above position, more particularly since the prayer prayed for is in the nature of a direction to the respondents to promot the present petitioners, whereas in the considered opinion of this Court, such a writ could not be issued. Hence, the present petition is not entertained, more particularly with an observation that as and when the respondents consider promoting eligible candidates to the post of Head Clerk, Class-III, then the respondents shall take into consider the law laid by this Court in the above referred judgments.

5. With the above observations and direction, the present petition stands disposed of.

(NIKHIL S. KARIEL,J) BDSONGARA