1. Heard Mr.A.S.Supehia,learned advocate for the petitioners. He has contended that the issue involved in this petition is promotion of petitioner No.1 from the post of Junior Clerk to the post of Deputy Chitnis in Kutch District Panchayat.
2. It is pointed out by learned advocate for the petitioner that ineligible persons could not have been promoted ignoring the claim of the petitioners who had already passed necessary departmental examination in the year 1995-1996.
From affidavit-in-reply it is pointed out that since the department had not held examination for two to three years, those employees who had not exhausted three chances of appearing in the examination, they were given promotion on the post of Deputy Chitnis. It is contended in para 5.2 of the petition that this could not have been done. It is also pointed out that most of the petitioners have by this time retired, at least petitioner No.1 has retired and therefore, the question of recalculation of the retirement dues, will have to be gone into.
3. Authorities may specifically point out as to whether, the claim of the persons though junior but who had passed the examination and were thus eligible for promotion could have been ignored, while giving promotion to the persons who had not passed examination at that time.
4. List for further consideration on 23rd January, 2013. Direct Service is permitted.
(PARESH UPADHYAY, J.) dharmender/29 Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Jan 16 02:10:12 IST 2016