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Jayendrasinh vs State

High Court Of Gujarat|27 April, 2012

JUDGMENT / ORDER

In present petition, the petitioner seeks deemed date for promotion to the post of Forest Guard.
2. Learned advocate for the petitioner has submitted that the petitioner had actually participated in the selection and recruitment process for the post of Forest Guard and he was being selected for the said post, however, since there was no vacancy at the relevant time on the said post, appointment letter for the post of Grid Chowkidar was issued with assurance that whenever vacancy arises, appointment letter for the post of Forest Guard will be issued.
2.1 Learned advocate for the petitioner has also submitted that thereafter the petitioner has made various representations, however, the same are not duly considered and decided in light of the facts of the case.
3. Prima facie, on perusal of the appointment letter (page-13 and 14 of the petition), it appears that the petitioner was issued appointment letter on ad-hoc post. Therefore, at this stage, it is difficult to appreciate the claim made by the petitioner, unless the response of the respondent - competent authority, as regards the representations made by the petitioner, is tendered and considered. Prima facie, the facts emerging from the record, does not substantiate the case sought to be made out by the petitioner.
4. Therefore, present petition is disposed of, at this stage, with below mentioned directions:-
4.1 The respondent - competent authority shall take- up for consideration the representations made by the petitioner.
4.2 The respondent - competent authority shall decide the said representations within period of 4 weeks from receipt of certified copy of present order.
4.3 It would be permissible to the petitioner to file summary representation mentioning the contentions and details, stated in present petition, which will be taken into consideration by the respondent - competent authority. The respondent - competent authority is directed to take appropriate decision and convey the same to the petitioner.
4.4 The petitioner is permitted to serve a copy of present order to the respondent - competent authority.
With the aforesaid observations and direction, present petition stands disposed of.
(K.M.Thaker, J.) kdc Top
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Title

Jayendrasinh vs State

Court

High Court Of Gujarat

JudgmentDate
27 April, 2012