STATE OF GUJARAT Vs. H S PARMAR

JUDGEMENT

(1.) ADMIT . Shri Vaibhav Vyas, learned advocate waives service of notice of Admission on behalf of the respondent herein original petitioner. In the facts and circumstances of the case and with the consent of learned advocates appearing on behalf of respective parties, present Letters Patent Appeal is taken up for final hearing today.

(2.) PRESENT Letters Patent Appeal under clause 15 of the Letters Patent has been preferred by the appellants herein original respondent Nos.1 to 4 challenging the impugned interim order dated 28.11.2011 passed by the learned single Judge in Special Civil Application No.16580 of 2010 by which while admitting the aforesaid Special Civil Application, the learned single Judge has observed that if further promotion is effected or considered by the appellants herein original respondent Authority for the post in question, the remark good which is not communicated to the original petitioner, may not be considered provided the petitioner is otherwise eligible for the post of promotion in question.

(3.) SHRI Vaibhav Vyas, learned advocate appearing on behalf of the respondent herein original petitioner has submitted that as such similar interim relief has been granted by the learned single Judges in Special Civil Application No.7615 of 2011, Special Civil Application No.1815 of 2012, Special Civil Application No.18173 of 2011 and Special Civil Application No.18748 of 2011. It is submitted that as such similar interim order passed by the learned single Judge in Special Civil Application No.6317 of 2011 came to be challenged by the appellants before the Division Bench by way of Letters Patent Appeal No.1383 of 2012 and by order dated 06.11.2012, the Division Bench has dismissed the said Appeal.