JUDGMENT :

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has challenged the decision of the respondent No.1-Gujarat Water Supply and Sewerage Board (for short 'the Board') for not promoting the petitioner on the post of Executive Engineer (Civil) with effect from 6th March, 2003 recording the reasons for the same in the communication dated 17th July, 2004 and further prayed to direct the respondent-authorities to give promotion to the petitioner on the said post with effect from 06.03.2003 with all consequential benefits.

(2.)

2.1. The factual matrix of the case is that the petitioner joined the service as junior Engineer in the Public Health Engineering Wing of the Health Department of the Government of Gujarat on 21st June, 1974.

2.2. The designation of junior Engineer was changed subsequently to Assistant Engineer and the petitioner continued to work on the said post of Assistant Engineer till the year 1980 when the respondent No.1- Board came into existence and the activities, which were earlier being carried out by the Public Health Engineering Wing of the State Government was transferred to the Board and accordingly, the petitioner was also transferred with the other employees to the Board.

2.3. The petitioner was thereafter promoted to the post of Deputy Executive Engineer (Civil) on 23rd July, 1987. The petitioner was at Serial No.13 in the list of promotees and thereafter, one Mr.K.V.Priyani was at Serial No.14.

2.4. It is the case of the petitioner that in the seniority list of the cadre of the Deputy Executive Engineer published by the respondent-Board, the name of the petitioner was shown at Serial No.283 and name of Mr.K.V.Priyani was shown at Serial No.284. 2.5. According to the petitioner, the promotion from Deputy Executive Engineer to the next higher post of Executive Engineer is governed by the Rules framed by the respondent-Board namely Gujarat Water Supply and Sewerage Board Service of Engineers (Class-I) Recruitment Rules, 1988 (for short 'the Rules, 1988') and as per the said Rules, promotion to the post of Executive Engineers is required to be given on the basis of "proved merit and efficiency" from amongst the persons working in the cadre of Deputy Executive Engineer (Civil) for a minimum period of eight years.

2.6. It is the case of the petitioner that no departmental inquiry was ever initiated by the respondent-Board during his service career nor any adverse entry in Annual Confidential Report was ever communicated to the petitioner, and in spite thereof, the petitioner was not considered by the respondent-Board for promotion to the higher post of Executive Engineer (Civil) while the respondent-Board vide order dated 6th March, 2003 promoted nine persons from the post of Deputy Executive Engineer (Civil) to the post of Executive Engineer (Civil) and the juniors of the petitioner namely Shri K.V.Priyani was also promoted to the higher post and thereafter, two more persons who were junior to the petitioner were also promoted to the post of Executive Engineer (Civil). The petitioner therefore made a representation on 10th March, 2003 for redressal of his grievance about his non-promotion on the post of Executive Engineer which was further followed by subsequent representations dated 13th May, 2003 and 3rd June, 2003. The petitioner however, voluntarily retired from service on 30th October, 2003 in view of the frustration and humiliation to work under administrative control of the Officers who were juniors to the petitioner.

2.7. The petitioner also preferred Special Civil Application No.3829 of 2004 before this Court which was disposed of on 1st April, 2004 with a direction to the respondent-Board to consider the representations made by the petitioner within a period of three months from the date of receipt of the order.

2.8. The petitioner thereafter appeared before the Member Secretary of the respondent-Board in June, 2004 and the respondent-Board by order dated 17th July