L J KUVAD Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner filed this writ petition in which a prayer has been made that the order dated 9/08/1982 at Annexure-A to the petition by which the petitioner was promoted at Vasavad or any consequential order passed be quashed. It is further prayed that the respondent be directed to accommodate the petitioner either at Jetpur or even at Dhoraji on the promotional post of Senior Assistant. A prayer for interim relief has been made which reads as follows :

(2.) The writ petition came up for admission before this Court on 17/02/1983 and a notice was issued and it has been ordered that the status quo to be maintained. On 23/06/1983 Rule was issued and status quo was ordered to be continued.

(3.) The petitioner who was holding the post of Junior Clerk in the Gujarat Electricity Board was promoted to the post of Senior Assistant under the order dated 8/01/1982 and he was ordered to be posted at Vasavad. In the order dated 9/08/1982, it has been mentioned that the petitioner should take over the charge of the above post within 15 days from the date of receipt of this order failing which the concerned promotee will be reverted to the lower grade as per G.S.O. 247 dated 22/07/1973. The petitioner has not carried out this promotion order as he wanted promotion as well as the choice of posting. He has stated that he should have been given promotion on the newly created post at Jetpur itself but he was posted at Vasavad Sub-Division. He made the representation on 13/08/1982. Then again a personal representation dated 16/08/1982 was given. Though the petitioner did not join within the time but even then it is his admitted case that he was given an opportunity to join at Vasavad vide letter dated 23/11/1982. Under the order dated 12/01/1983 the order of promotion by absorption of the petitioner on the higher post and his posting at Vasavad was cancelled and it has been ordered that he is reverted in the lower grade and his pay should be fixed in the cadre of Junior Assistant with effect from 9-8-1982. In pursuance of the order dated 12/01/1983 under the order dated 27/01/1983 his pay has been fixed on 9/08/1982 in the cadre of Junior Assistant. A copy of the order dated 12/01/1983 has been sent to the petitioner vide letter dated 18/01/1983. Shri Vaghela, M.H., Senior Assistant, had delivered the letter dated 12-1- 1983 to the petitioner.