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