Gujarat High Court Issues Notice on FSL Officer Plea Challenging Promotion of Juniors

The Gujarat High Court has issued notice in a petition filed by Kalpesh Kantila Modh, a Scientific Officer in the Directorate of Forensic Science, who alleges that his juniors were promoted before him despite his seniority and earlier proposal.

The Grievance

Modh was appointed as a Scientific Officer, Class II on January 25, 2012, in the Directorate of Forensic Science, Home Department, Gujarat. He claims seniority over respondents No. 4 and 5, who were appointed after him. When promotions to the post of Assistant Director, Class I were being processed, Modh's proposal was sent to the authorities on February 4, 2021, while the proposal for his juniors was sent on February 15, 2021. However, the promotion orders for the two junior officers were issued before his, leading to Modh being placed lower in the seniority list for the Assistant Director cadre. This will adversely affect his future promotion to Deputy Director and other service benefits.

Relief Sought

The petition argues that despite repeated representations and documentary evidence demonstrating the delay was attributable to the respondent authorities, no corrective steps have been taken. It seeks to quash the promotion orders of respondents No. 4 and 5, set aside the seniority list as far as it places Modh below his juniors, and grant him a deemed promotion to Assistant Director with effect from March 26, 2021.

Court's Observations

Justice Niral R. Mehta, after hearing the initial submissions, noted: "Grievance voiced by the petitioner is that although he is senior to the respondents Nos.4 and 5 as a Scientific Officer, Class - II being appointed in the year 2012 prior to the date of appointment of respondents Nos.4 and 5, however, while considering the case of promotion as Assistant Director, Class - I, though the proposal for the petitioner was sent on 4th February 2021, whereas the proposal for respondents Nos.4 and 5 was sent on 15th February 2021, promotions orders of the respondents Nos.4 and 5 came prior to the promotion order of the petitioner and that is how the petitioner has been placed lower in the seniority in the cadre of Assistant Director, Class – I."

The court added: "Therefore, at the time when the next promotion avenue i.e. to the post of Deputy Director would arise, the petitioner would be considered as junior to the respondents Nos.4 and 5. Considering the same, matter requires consideration."

Notice Issued

The High Court issued notice returnable on September 3, 2026, and permitted direct service. The matter is now set for further hearing.