Leave to amend.
1.1 Heard Mr. Gandhi, learned advocate for the applicant, and Mr. Nanavati, learned advocate for the opponent Nos.1, 2 and 4.
2. The applicant - writ petitioner has taken out present application seeking below mentioned relief/direction:-
"YOUR LORDSHIPS may be pleased to fix the date of early hearing of Special Civil Application No.11797 of 2009 with Special Civil Application No.4894 of 2011;"
3. The applicant herein has preferred two petitions viz. Special Civil Application Nos.11797 of 2009 and 4894 of 2011. In both the petitions, the petitioner has approached the Court with a grievance against the process of promotion. The applicant - writ petitioner is aggrieved by the inaction on the part of the respondents in granting promotion to the applicant - writ petitioner.
Both the petitions are admitted vide order dated 18.3.2010 and 5.7.2011 respectively.
4. Mr.
Gandhi, learned advocate for the petitioner, has submitted that for the opportunity of promotion, the case of the petitioner - applicant has been disregarded and promotion has not been granted and that therefore, the applicant has requested for early hearing of petitions.
5. In view of the fact that several other petitions which are old and senior in time than the petitions filed by present petitioner and many of such old and senior matters involving disputes or grievances by senior citizens, claims for retiral dues, challenges against dismissal order, etc., it is not considered proper and justified to accept present applicant's request for early hearing inasmuch as it would amount to granting out of turn and preferential hearing to the applicant - petitioner over such other matters. However, considering the fact that in order dated 18.3.2010, the Court has while admitting the petition being Special Civil Application No.11797 of 2009 observed that "Rule, to be expedited", the registry is directed to take appropriate action to list the matters in the cause list for final hearing in due course according to their seniority and keeping in focus the order dated 18.3.2010 in Special Civil Application No.11797 of 2009.
With the aforesaid observations and direction, present application stands disposed of.
(K.M.Thaker, J.) kdc Top