Dhirubhai Naranbhai Patel, J. - (1.) COUNSEL for the appellants submitted that the learned Single Judge has not appreciated the fact that Class -IV have already been promoted by the Civil Surgeon and whether he is Incharge Civil Surgeon or regularly appointed Civil Surgeon that is not a question because the powers are vested with them to promote. It is further submitted by the counsel for the appellants that once the promotion is granted, no notice for demotion was given to these appellants (original petitioners) and without any reasoned order, the promotion of the petitioners has been withdrawn. These aspects of the matter have not been properly appreciated by the learned Single Judge and hence, the judgment and order delivered by the learned Single Judge in W.P. (S) No. 6518 of 2005 dated 5th July, 2013 deserves to be quashed and set aside. Counsel for the respondents -State has submitted that no error has been committed by the learned Single Judge in appreciating the fact that there was no authority with the person who has promoted these appellants, who are original petitioners, from Class -IV post to Class -Ill post. He was not a regularly appointed Civil Surgeon, but he was a routine Incharge Civil Surgeon. Secondly, the promotion could have been given by clearing Limited Competitive Examination. Such examination was not conducted and without any examination, these appellants (original petitioners) were promoted. It is fairly submitted by the counsel for the respondents -State that juniors were promoted to these appellants and there are several instances in this promotion that seniors were kept aside and juniors have been granted promotion. It is lastly submitted that no approval of the promotion was sought for by the person who has promoted these appellants (original petitioners). These aspects of the matter have properly been appreciated by the learned Single Judge as noted in paragraph -3 of the decision in W.P. (S) No. 6518 of 2005 dated 5th July, 2013 and, hence, this L.P.A. may not be entertained by this Court.
(2.) HAVING heard both sides and looking to the facts and circumstances of the case, we see no reason to entertain this L.P.A. mainly for the following facts and reasons: - - (i) It appears that the person who has promoted these appellants from Class -IV post to Class -III post but the said Civil Surgeon had no power and authority because he was a routine Incharge Civil Surgeon. A regular proceeding was not made at all and, therefore, the said person had no authority and, thus, the promotion order is not a promotion order at all. (ii) Moreover, without conducting any Limited Competitive Examination, the promotions were given to the original petitioners from Class -IV to Class -Ill post. This was another illegality committed by the said person who has given a promotion to the original petitioners. (iii) It further appears from the facts of the case that juniors were given promotion keeping aside the seniors. Thus, there is a breach of right of nullity of all similarly situated candidates. (iv) It further appears from the facts of the case that the order of promotion issued by the routine Incharge Civil Surgeon was never approved by the Government. Thus, no approval to the promotion was given by the Government. (v) Thus, there is a want of authority with the person who has given promotion, there is a want of clearance of Limited Competitive Examination by these appellants (original petitioners) and there is a want of approval by the Government. These facts make the order of promotion a nullity and once the order is passed in nullity, it cannot be given effect to at the cost of the similarly situated other employees. These facts have been properly appreciated by the learned Single Judge, while dismissing the writ petition preferred by these appellants. As a cumulative effect of the aforesaid facts and reasons, no error has been committed by the learned Single Judge in dismissing W.P. (S) No. 6518 of 2005 dated 5th July, 2013. There is no substance in this L.P.A. which is hereby dismissed. LA. No. 8484 of 2013 also stands disposed of in view of the final order passed in this L.P.A.;