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2017 Supreme(Guj) 1675

M.R.SHAH, B.N.KARIA
State of Gujarat – Appellant
Versus
Ibrahim Abbasali Raj – Respondent


Advocates Appeared:
For the Applicant : Mr. Dhawan Jayswal, AGP
For the Respondents:Mr. N.K. Majmudar, Advocate, Mr. Javed S. Qureshi, Caveator

ORDER :

M.R SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 11th December 2015 passed by the learned Single Judge in Special Civil Application No. 8521 of 2010, by which the learned Single Judge has dismissed the said writ petition preferred by the State of Gujarat and thereby confirmed the Order dated 9th March 2010 passed by the Gujarat Civil Services Tribunal, Gandhinagar directing the respondent therein ie., the Director of Scheduled Caste Welfare Department to take necessary action and issue orders of promotion to the appellant with effect from April 1990.

2. The facts leading to the present Letters Patent Appeal in nutshell are as under.

3. Respondent-Ibrahim Abbasali Raj was appointed as an Inspector in the Social Welfare Department in the pay-scale of Rs. 425-700, in the year 1986. Employees junior to him were promoted as Office Superintendents in the year 1990, in the pay-scale of Rs. 1,640-2,900/-. However, the respondent was not promoted. He, therefore, filed an appeal before the Gujarat Civil Services Tribunal, Gandhinagar, being Appeal No. 140/1990, which came to be subsequently withdrawn.

3.1 On 28th April 1989, a charge-sheet was










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