[Cites 1, Cited by 0]
Gujarat High Court
Ashokbhai Shankarbhai Ptael vs State Of Gujarat on 5 February, 2026
NEUTRAL CITATION
C/SCA/51/2019 JUDGMENT DATED: 05/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 51 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
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Approved for Reporting Yes No
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ASHOKBHAI SHANKARBHAI PTAEL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. AAMIR S PATHAN(7142) for the Petitioner(s) No. 1
MS. DHRUTI PANDYA, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 05/02/2026
ORAL JUDGMENT
1. Rule returnable forthwith. Ms. Dhruti Pandya,
learned AGP for the respondents waives service of rule
on behalf of respondents-State. With consent of the
parties, the matter is taken up for final hearing.
2. Heard Mr. Aamir S. Pathan, learned advocate for
the petitioner and Ms. Dhruti Pandya, learned AGP for
the respondents-State, at length.
3. The present writ petition is filed under Articles 14,
NEUTRAL CITATION
C/SCA/51/2019 JUDGMENT DATED: 05/02/2026
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16, 21, and 226 of the Constitution of India, inter alia,
seeking following reliefs:
"(A) This Hon'ble Court may be pleased to admit this Special
Civil Application.
(B) This Hon'ble Court may be pleased to allow this petition by
issuing an appropriate writ of mandamus or any other
appropriate writ, order or direction to the respondent authorities
to consider the case of the present petitioner and promote the
petitioner to the post of platoon commander (including that of
opening the result of the departmental examination of the present
petitioner for post of Platoon Commander) as the present
petitioner has fulfilled all the requirement and eligibility
conditions for the promotion to the post of platoon commander in
the interest of justice;
(C) This Hon'ble Court may be pleased to issue a writ of
mandamus or a writ in the nature of mandamus or any other
appropriate writ, order or direction to the respondent authorities
to correct the date of promotion of the present petitioner for the
post of ASI w.e.f 23.05.2013 in the service record in the interest
of justice.
(D) Grant such other and further relief(s) as deemed just and
proper by this Hon'ble Court in the interest of justice."
4. SUBMISSIONS ON BEHALF OF THE
PETITIONER:
4.1 At the outset, Mr. Pathan, learned advocate for the
petitioner, would point out to this Court that during the
pendency of this petition, vide order dated 15.06.2020,
the petitioner is promoted to the post of Platoon
Commander. Nonetheless, as regards his claim to
consider the date of promotion for the post of ASI w.e.f.
NEUTRAL CITATION
C/SCA/51/2019 JUDGMENT DATED: 05/02/2026
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23.05.2013 in the service record, is still pending for
adjudication at the end of the respondent.
4.2 Mr. Pathan, learned advocate for the petitioner, has
also drawn the attention of this Court that vide order
dated 20.02.2018 passed by the learned Single Judge of
this Court in Special Civil Application No. 12649 of
2015, whereby the order of reversion of the petitioner
from the post of ASI to Head Constable was quashed
and set aside, and the matter was remanded back to the
authority. However, till date, nothing further is
progressed in the matter. It is submitted that despite
repeated representations made to the respondent-authority
on 07.10.2018 and 05.11.2018, it is still not decided by
the authority.
5. SUBMISSIONS ON BEHALF OF THE
RESPONDENTS:
5.1 Per contra, Ms. Pandya, learned AGP, would submit
that so far as the principal grievance of the petitioner as
regards granting promotion to the post of Platoon
Commander is concerned, in view of order dated
15.06.2020, the same would not survive.
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C/SCA/51/2019 JUDGMENT DATED: 05/02/2026
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5.2 Ms. Pandya, learned AGP, would further submit
that so far as other grievance of the petitioner is
concerned, the respondent-authority is not averse to
decide his representation in accordance with law.
6. No other and further submission has been made by
the learned advocates for the respective parties.
ANALYSIS:-
7. Having heard the learned advocates for the
respective parties, it is required to note that principal
prayer of the petitioner seeking promotion to the post of
Platoon Commander is redressed by the respondent as
promoted him vide its order dated 15.06.2020.
8. As far as another grievance of the petitioner to
consider his promotion to the post of ASI w.e.f.
23.05.2023 is concerned, it appears that despite
consecutive representations dated 07.10.2018 and
05.11.2018, till date, the respondent-authority has not
decided the same.
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C/SCA/51/2019 JUDGMENT DATED: 05/02/2026
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CONCLUSION:
9. Without entering into the merits of the matter, at
this stage, I would like to direct the respondent
concerned to decide the aforesaid representation(s) of the
petitioner in accordance with law. Such exercise shall be
completed by the respondent authority on or before
31.03.2026.
10. It is open for the petitioner to make additional
representation if so desires and the same shall also be
considered by the respondent-authority.
11. In view of the above, the present petition is partly
allowed, to the aforesaid extent. Rule is made absolute
to the aforesaid extent. No order as to costs.
Direct service is permitted.
(MAULIK J.SHELAT,J)
DIWAKAR SHUKLA
