Govindbhai Bhikhabhai Vania vs Kabulchand Ifs And/Or His Successor In ... on 18 October, 2016

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Gujarat High Court

Govindbhai Bhikhabhai Vania vs Kabulchand Ifs And/Or His Successor In ... on 18 October, 2016

Bench: J.B.Pardiwala

                      C/SCA/11672/2004                                                   ORDER




                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         SPECIAL CIVIL APPLICATION NO. 11672 of 2004

         ==========================================================
                      GOVINDBHAI BHIKHABHAI VANIA....Petitioner(s)
                                        Versus
                  KABULCHAND IFS AND/OR HIS SUCCESSOR IN OFFICE &
                                  4....Respondent(s)
         ==========================================================
         Appearance:
         MR DA BAMBHANIA, ADVOCATE for the Petitioner(s) No. 1
         MR KRUTIK PARIKH, AGP for the Respondent(s) No. 1 - 3
         RULE SERVED for the Respondent(s) No. 4 - 5
         ==========================================================

             CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

                                              Date : 18/10/2016


                                                ORAL ORDER

1 By this writ application under Article 226 of the Constitution of India, the writ applicant, serving as a 'Round Forester (Vanpal)', has prayed for the following reliefs:

"6 (A) Declaring that the select list drawn for the post of Range Forest Officers vide order/memorandum dated 18/08/2004 and promotion given to juniors to the petitioners are illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and further be pleased to quash and setaside the same.

(B) Directing the respondents to give promotion to the post of Range Forest Officer in accordance with law laid down by the Hon'ble Apex Court in the case of NK Chauhan and in conformity with the Government Resolution dated 4/12/1986 to the petitioner and other similarly placed employees who are appointed in the year 1983 prior to those promotees who would be required to be pushed down as per the ratio of the Hon'ble Apex Court in the case of NK Chauhan.

(C) Directing the respondents to give effect to the Govt. resolution dated Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Oct 19 00:57:30 IST 2016 C/SCA/11672/2004 ORDER 4/12/1986, by applying push down as per the law laid down by the Hon'ble Apex Court, to finalize the seniority list and gradation list by applying the said ratio, by pushing down 88 promotee prior to 1983 and placing the petitioner and other similarly placed employees of 16th batch above them and accordingly to consider the case of the petitioner and others for promotion to the post of Range Forest Officers.

(D) Pending admission, and final disposal of the petition, this Hon'ble Court may be please to by way of adinterim relief restrain the authorities from making any further promotion to the post of Range Forest Officer, and further be pleased to stay the operation, implementation and execution of select list dated 18/08/2004 at Annex.F. (E) Such other and further relief that it just, fit and expedient in the facts and circumstances of the case may be granted."

2 Having heard the learned counsel appearing for the parties and having considered the materials on record, I am of the view that the issue raised in this writ application should be looked into by the respondents Nos.2 and 3. The respondents Nos.2 and 3 shall treat this writ application as a detailed representation and take an appropriate decision in this regard within a period of two months from the date of receipt of this order. The decision shall be in writing containing reasons and the same shall be communicated to the writ applicant. If the writ applicant is dissatisfied in any manner with the decision that may be taken by the respondents Nos.2 and 3, then it shall be open for him to avail of an appropriate legal remedy before the appropriate forum in accordance with law. It is needless to state that ultimately if the respondents find merit in the case putup by the writ applicant, then the consequential benefits shall be paid to him in accordance with law. I clarify that I have otherwise not gone into the merits of the matter.

3 With the above, this writ application is disposed of. Direct service is permitted.

(J.B.PARDIWALA, J.) Page 2 of 3 HC-NIC Page 2 of 3 Created On Wed Oct 19 00:57:30 IST 2016 C/SCA/11672/2004 ORDER chandresh Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed Oct 19 00:57:30 IST 2016

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