ORAL ORDER

1. Heard Mr.V.K.Joshi, learned advocate for the petitioners, Mr.Gautam Joshi, learned senior advocate with Mr.Hemang Joshi, learned advocate for the respondent nos.1 and 2. Though served, none appeared for the respondent nos.3, 4 and 5.

2. Rule.

3. By way of this petition, the petitioners have prayed for the following reliefs.

“A. Your Lordships may be pleased to admit and allow this petition;

B. Your Lordships may be pleased to quash and set aside the impugned office order No.35/2021 dtd.08.04.2021 and shall be held the same is illegal, arbitrary and against the Civil Manual Rules 523/524 and also against the Rules framed by the Hon’ble High Court known as “The Non-Judicial Officers and Staff of Courts (Recruitment and Conditions of Service) Rules, 2015.”

C. Your Lordships may be pleased to held the petitioners are requires to be given upgradation promotion with deemed date to the post of Gujarati Stenographer Grade – II with all consequential benefits.

D. Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondent no.1 to withdraw the impugned order dtd.08.04.2021 till final disposal of this petition.

E. Your Lordships may be pleased to grant such other and further relief that may be deemed fit and proper in the facts and circumstances of the case.”

4. Briefly stated the case of the petitioners is that the petitioners have preferred the Special Civil Application No.14489 of 2020 inter-alia praying for promotion to the post of Gujarati Stenographer Grade – I from the post of Gujarati Stenographer Grade – II with deemed date effect when the post had fallen vacant in the year November – 2018. Incidentally, the said petition has been withdrawn by the learned advocate for the petitioners today. During pendency of such petition, it would also be pertinent to mention at this stage that in a reply filed to the above petition, it was the specific contention on behalf of the respondents that while the petitioners have prayed for promotion from Grade - II to Grade - I, the petitioners are actually working as Stenographer Grade - III and whereas, they would be entitled to promotion to the post of Gujarati Stenographer Grade – II. An additional contention that the petitioners would not be suffering any financial loss on account of their non promotion to the higher post was also made in the reply. Be that as it may, the present petition is filed in the context of the fact that during pendency of the earlier petition, the respondent nos.1 and 2 had convened the promotion committee for considering the case of eligible candidates for promotion from Gujarati Stenographer Grade – III to Gujarati Stenographer Grade – II. The grievance being that the persons juniors to the petitioners had been considered for promotion, without any reference to the petitioners.

5. In reply, the minutes of the meeting convened by the Departmental Promotion Committee, which was held on 01.04.2021, is placed on the record and whereas it is contended that the petitioners were called before the Committee and whereas, it was submitted by the petitioners that since they have preferred the writ-petition before this Court for promotion as Gujarati Stenographer Grade – I, therefore they would not have any objection if the private respondents are promoted to the post of Gujarati Stenographer Grade – II. It appears that it is on account of such waiver by the petitioners that there case had not been considered for promotion as Gujarati Stenographer Grade – II.

6. Mr.V.K.Joshi, learned advocate for the petitioners would contend that the petitioners had never appeared before the Promotion Committee and whereas the assertion that the petitioners had waived their right for being considered for promotion is completely false. It is further submitted by the learned advocate that while the petitioner nos.1 and 2 have retired during pendency of the petition, the petitioner no.3 is still in service and whereas all three peti