VIPUL M.PANCHOLI, J. - (1.) These appeals are filed under Clause 15 of the Letters Patent by the appellants-original respondents against common oral judgment dated 28.9.2016 passed by the learned Single Judge in Special Civil Application No.178 of 2010 with Special Civil Application No.8462 of 2012, by which the learned Single Judge has allowed the captioned petitions.
(2.) As the issue involved in both these appeals are interconnected and learned Single Judge has passed a common order in both the aforesaid petitions, at the joint request made by learned advocates appearing for the parties, both these appeals are heard together and are being decided by this common order.
(3.) The brief facts leading to filing of the present appeals are as under: 3.1 The original petitioner joined on 20.12.1984 as Overseer in Building Department of Bhavnagar Municipal Corporation ('BMC' for short). Thereafter, he was promoted as Assistant Town Planning Officer on 4.2.1994. The said post is equivalent to Deputy Executive Engineer. The petitioner worked as Deputy Executive Engineer in Water Works Department, Estate Department etc. upto 25.12.2002. The petitioner also held independent charge of Executive Engineer till 28.7.2009. 3.2 It is the case of the petitioner that in June-July, 2009, when the petitioner was secretary of Officers' Association of the respondent-BMC, the members of the association raised demand for implementation of the recommendation of 6th pay commission for the employees of the respondent-Corporation. Thus, the independent charge of Executive Engineer given to the petitioner was withdrawn and the same was given to his junior on 28.7.2009. The petitioner was reverted to his original post of Deputy Executive Engineer on 29.7.2009 and intentionally he was denied the promotion to the post of Executive Engineer. It is the grievance of the petitioner that five juniors to him were given promotion as Executive Engineer with effect from 21.11.2009. Thus, he was victimized. The petitioner, therefore, filed the captioned petition being Special Civil Application No.6462 of 2012 against denial of promotion to him in which he prayed for the following reliefs: "13(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondents herein to grant promotion to the Petitioner herein on the post of Executive Engineer w.e.f.21.11.2009 with all consequential monetary benefits as per seniority and be further pleased to quash and set aside the impugned Order dated 21.10.2011 passed by the Respondent Commissioner herein. (B) xxx" 3.3 Another grievance of the petitioner is that in the meantime on 30.11.2009, the respondent-Corporation passed an order of compulsory retirement of the petitioner for his alleged unsatisfactory services. The said order was passed in public interest as stated by the respondent. Looking to the birth date of the petitioner, he would have retired on 30.11.2013 and therefore on his completing age of 54 years, the order of compulsory retirement was passed on 30.11.2009. The petitioner, therefore, challenged the said order by filing captioned Special Civil Application No.178 of 2010 in which the petitioner prayed for the following reliefs: "9(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondents herein to reinstate the Petitioner in services on his original post with continuity and full backwages along with consequential benefits quashing and setting aside the impugned communication dated 30.11.2009 at Annexure 'A' herein as it being illegal, improper, unjust and without authority in law. (B) During the pendency of this petition, Your Lordships may be further pleased to direct the Respondents herein to reinstate the Petitioner in services on his original post with continuity herewith. (C) An ex-parte ad interim relief in terms of paragraph 9(B) above may kindly be granted. (D) xxx" ;