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CA/3397/2008 2/ 2 ORDER

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL

APPLICATION No. 3397 of 2008

In

SPECIAL

CIVIL APPLICATION No. 6661 of 1998

=========================================================

MAHESH

KUMAR GUPTA - Petitioner(s)

Versus

UNION

OF INDIA - Respondent(s)

========================================================= Appearance

:

MR

JA ADESHRA for Petitioner(s) : 1, NOTICE NOT RECD BACK for Respondent(s) : 1, MR

AMAR D MITHANI for Respondent(s) : 1,

=========================================================

CORAM

:

HONOURABLE

MR.JUSTICE KS JHAVERI

Date

: 08/10/2008 ORAL ORDER

By

way of this application, the petitioner has prayed for following substantive reliefs:

?S(A)

Pending hearing and final disposal of this Civil Application, this Hon'ble Court be pleased to order/direct the respondents to give effect to the recommendations of DPC (which met on 17.5.2007) for promotion of the petitioner to the post of Asstt. Engineer (Civil)/ Asstt. Commandant & further be pleased to order/direct the respondents to forthwith grant promotion to the petitioner to the post of Asstt. Engineer (Civil)/Asstt. Commandant.

(B)

Pending hearing and final disposal of this Civil Application, this Hon'ble Court be pleased to restrain the respondents from disturbing the existing seniority of the petitioner in the Engineering set up.??

Prima-facie, case of the applicants seems to be in consonance with the rules. However, if this application is allowed it will amount to allow petition itself at this stage. The Court, is therefore, restraining itself from passing any order at this stage. However, it is made clear that any order/s which are passed by the respondent authorities will be subject of the result of the petition and if ultimately the petitioner succeeds, he would be entitled for all benefits for promotion from the date of filing of this application.

With

the above observation and direction, the present civil application is disposed of. Notice is discharged.

(K.S.JHAVERI, J.)

Amit/-

   

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