PRATIK RAVINDRABHAI MEHTA v. STATE OF GUJARAT & 5

CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT Date : 19/07/2007 ORAL JUDGMENT Heard the learned advocates and the petitioner Shri Pratik Ravindrabhai Mehta, who appears in person. SCA/2356/2007 JUDGMENT The petitioner before this Court is an Executive Engineer (Electrical) in the State of Gujarat. He was so promoted on 14th March, 2006. Since his promotion, by order dated 16th March, 2007 made by the State Government, the respondent No.6 has been promoted as Executive Engineer (Electrical) and has been given deemed promotion from 22nd July, 2005. It is this deemed promotion as on 22nd July, 2005 by which the petitioner is aggrieved. The petitioner has submitted that the petitioner's promotion being earlier, he became senior to the respondent No.6. However, on account of the deemed promotion granted to the respondent No.6, the petitioner shall become junior to him and the petitioner may also be reverted to the lower cadre of Deputy Executive Engineer.

It appears that the cases for promotion to the post of Executive Engineer (Electrical) were considered by the Departmental Promotion Committee in the month of September, 2004. Pursuant to the selections made by the said Committee, some of the Deputy Executive Engineers were promoted to the post SCA/2356/2007 JUDGMENT of Executive Engineer. At the relevant time, disciplinary proceedings were pending against some eight of them. In view of the pending disciplinary proceedings, their promotion was made adhoc and subject to the result of the disciplinary proceedings. The petitioner was one of the said eight persons. The disciplinary proceeding then pending against the petitioner has since been completed by order dated 21st March, 2005 made by the State Government. Some of the charges levelled against the petitioner are held to be proved and some are held to be partially proved. For the guilt established against the petitioner, he has been visited with punishment of withholding of one increment for two years without future effect.

As to the respondent No.6, on the date of consideration by the Departmental Promotion Committee, no disciplinary proceeding was pending against him. But, the Vigilance Commission had recommended a disciplinary proceeding against the respondent No.6. In view of the said recommendation, the respondent No.6 was not promoted on the date when SCA/2356/2007 JUDGMENT his immediate junior was promoted as Executive Engineer i.e. on 22nd July, 2005. Feeling aggrieved, the respondent No.6 had preferred Special Civil Application No.21708/2006 before this Court. This Court (Coram: H.K.Rathod, J.), by order dated 11th October, 2006, allowed the respondent No.6 to make a representation in the subject matter of the petition and directed the State Government to consider such representation keeping in view the observations made by the Hon'ble Supreme Court in the matter of Union of India v/s. K.V.Janakiraman [AIR 1991 SC 2010]. In view of the said observations, after obtaining approval of the Gujarat Public Service Commission, the said respondent No.6 was promoted by impugned order dated 16th March, 2007 and has also been given deemed promotion with effect from 22nd July, 2005.