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
undefined
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
===================================================
Approved for Reporting No Yes
✔
===================================================
RAJNIKANT HARISHCHANDRA DATANIYA
Versus
SECRETARY, & ANR.
===================================================
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
===================================================
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:
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.
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
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
