MALAVIYA DINABEN Y Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the petitioner has approached this Court with a grievance that she is wrongly superseded in the matter of promotion on the post of Nursing Tutor. She compared her case with one Ms.J.M.Moris, respondent No.4 herein, who admittedly was junior to her as a Nurse. The petitioner had joined the service as Nurse in April, 1975 and her name was at Serial No.56 in the seniority list and that of Ms.Moris was at Serial No.338. Thus, there is no dispute with regard to the fact that the said Ms.Moris was junior to the petitioner in the cadre of Nurse.

(2.) THE petitioner, while in service, was sent for training for 'sister tutor' by the authorities with condition that after getting the said training, she will have to work in that wing. She had undergone that training successfully. Thereafter she made representation to the authorities time and again, however, she was told that as and when the question of appointing Tutor would come, her case will be considered. On 21.7.2000, Respondent No.4 was appointed as a Tutor and the petitioner approached this Court by this petition.

(3.) LEARNED counsel for the petitioner contended that the petitioner ought to have been promoted on the post of Nursing Tutor soon after she acquired eligibility for the said post, but there was no reason not to promote the petitioner when person junior to the petitioner was promoted on the said post.