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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Daxaben Bhanubhai Kakadiya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
NIKHIL S. KARIEL, J.
1. Heard learned Advocate Mr. P.J. Kanabar for the petitioner and learned AGP Mr. Aditya Pathak for the respondent-State.
2. The present writ petition is taken up for hearing in context of a Civil Application preferred by the present petitioner seeking interim direction. With consent of the parties, the petition is taken up for final disposal.
3. Issue Rule returnable forthwith. Learned AGP Mr. Pathak waives service for the respondents.
4. By way of this petition, the petitioner has sought for the following prayers :
“12.A) YOUR LORDSHIPS may be pleased to admit this Special Civil Application;
B) YOUR LORDSHIPS may further be pleased to issue a writ of mandamus or any other appropriate writ, Order or direction in the nature of mandamus directing the respondents to declare that the petitioner is required to be promoted w.e.f. 04/10/’19 on the post of Senor Clerk Class-III, under the respondents and Your Lordships may further be pleased to direct the respondents to promote the petitioner and may kindly be directed to be paid the difference in the salary etc. within the time frame in the facts and circumstances of the case and in the interest of justice;
C) Pe
Past service should be acknowledged for promotion eligibility, yet current seniority dictates actual entitlement, emphasizing fairness and administrative integrity in promotions.
A court of law cannot be weaponized to seek benefit of a wrong.
Prior service rendered before an inter-state transfer is valid for promotion eligibility, even if seniority is lost, as established by previous court rulings.
Court affirmed that service prior to inter-divisional transfer counts for eligibility, but not for seniority in promotion considerations.
Employees transferred at their own request must forfeit previous seniority and accept the lowest rank in the new department, as stipulated by service regulations.
Employment and Service matter - Assistant Engineers - Appointment of - Provisions of ‘Appointment by Transfer’ was restricted to count one third of service rendered by Junior Engineers prior to appoi....
Promotion is not a vested right and an employee only has the right to be considered for promotion.
The court emphasized the fundamental right to promotion and directed the consideration of the petitioner's seniority and promotion claims after disciplinary proceedings concluded.
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