This Court has passed an order on 2.12.2003 that present matter be heard with Special Civil Application No.8821 of 2001, which came to be disposed of by judgment and order dated 4.3.2011. Said order dated 4.3.2011 reads as under: “Petitioner is an Assistant Teacher serving with DSVK High School at Jasdan in the District of Rajkot. He joined service on 15/07/1975. He was placed at Sr. No.1202 in the seniority list of the Assistant Teacher. It is his case that he holds B.Sc degree with the degree of B.Ed., and he has also cleared requisite departmental examination necessary for the purpose of seeking promotion. It is his case that the petitioner rendered service in Higher Secondary School section from January, 1977 to 1978 after the introduction of the post for Higher Secondary Education.
2. The grievance of the petitioner is that at no point of time, he was considered for promotion to the post of Administrative Officer, Class- II. He was constrained to prefer Special Civil Application No.11916 of 2000 in this regard and the learned Single Judge of this Court vide order dated 22/11/2000 asked the petitioner to file appropriate representation in this regard and directed the authorities to consider the representation in accordance with law within a stipulated period. Pursuant to the directions issued in SCA No.11916 of 2000, petitioner preferred representation dated 09/01/2001 addressed to the Chief Secretary, Government of Gujarat, Joint Director of Education, Mid-day-Meal and District Education Officer, Gandhinagar. As per the directions issued by this Court, the representation was taken into consideration and the same came to be rejected by Commissioner, Mid-day-Meal, State of Gujarat. While rejecting the representation, it has been stated that the petitioner is at Sr. No.1202 of the seniority list and the promotions have been given only upto Sr. No.583 as there are no vacant promotional posts available.
3. Mr.J T Trivedi, learned Advocate for the petitioner has redressed a grievance that the representation ought to have been decided by the authorities to whom the representation was preferred and not by the Commissioner. It is submitted by Mr.Trivedi that he may be given one more opportunity to approach the authorities in this regard and the highest authority in this regard may be directed to consider the representation.
4. It deserves to be noted that the petitioner has already retired in the year June, 2006 and he is seeking promotion with deemed date.
5. The petition is disposed of with the following directions.
1. Petitioner shall file a fresh representation addressed to the Secretary, Education Department in this regard.
2. The Secretary, Education Department is directed to consider the representation in accordance with law and to decide the same without being influenced by the fact that earlier representation has been rejected.
3. If necessary, the petitioner may be given an opportunity of hearing so that he can place relevant material on record to point out that juniors to him have been promoted.
4. If any such representation is preferred, the same shall be decided and disposed of within a period of three months from today.
5. In the event if any adverse order is passed, it will be open for the petitioner to revive this petition.
Rule made absolute to the aforesaid extent. Direct Service is permitted”.
Accordingly, the following directions are issued in the present matter.
1. Petitioner shall file a fresh representation addressed to the Secretary, Education Department in this regard.
2. The Secretary, Education Department is directed to consider the representation in accordance with law and to decide the same without being influenced by the fact that earlier representation has been rejected.
3. If necessary, the petitioner may be given an opportunity of hearing so that he can place relevant material on record to point out that juniors to him have been promoted.
4. If any such representation is preferred, the same shall be decided and disposed of within a period of three months from today.
5. In the event if any adverse order is passed, it will be open for the petitioner to revive this petition.
Petition stands disposed of accordingly. Rule is made absolute.
(K.S.JHAVERI, J.) (ashish)