(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr. Murali N. Devnani, learned counsel for appellant. This Letters Patent Appeal has been filed challenging order dated 23/08/2012 by which, the learned Single Judge has dismissed the writ petition filed by the petitioner and has affirmed the order passed by respondents dated 12/09/2011. The brief facts, as mentioned in Para 2 and 3 of the aforesaid order, are as under:
“2. The facts in brief are that the petitioner joined the respondentDepartment as Inspector of Steam Boiler on 15.06.1988 and at present, is serving as Assistant Director, Boiler at Mehsana.
3. It is the case of the petitioner that he was placed at Sr. No. 13 in the seniority list and that respondent no.3, who had superannuated, came to be reengaged by the respondents as Director, on contract basis, vide order dated 30.10.2010, on account of which the petitioner has been deprived promotion. Therefore, the petitioner had filed S.C.A. No.9594/2011 before this Court. The said petition came to be disposed of vide order dated 12.09.2011 by granting liberty to the petitioner to make a detailed representation to the respondents regarding the subject matter. The petitioner made a representation in pursuance of the aforesaid order, however, the same came to be rejected by impugned order...”
2. The learned Single Judge has dismissed the writ petition on the ground that the next promotional post of the petitioner is Deputy Director, Boiler (ClassI) for which, degree in Mechanical Engineering is one of the essential qualifications. The petitioner, admittedly, does not possess the degree in Mechanical Engineering, therefore, he was not entitled under the Rules to be promoted on the next higher post. Therefore, the learned Single Judge, in our opinion, has rightly dismissed the writ petition. We are also of the opinion that no error has been committed by the Deputy Secretary, Labour and Employment Department, State of Gujarat in passing the order dated 12/09/2011, nor any error has been committed by learned Single Judge. This appeal is devoid of any merits and is accordingly summarily dismissed.
[ V. M. Sahai, J. ] [ G. B. Shah, J. ] hiren