Gujarat High Court Issues Notice On FSL Officer's Plea Challenging Promotion Of His Juniors
The Gujarat High Court has issued notice on a plea moved by an officer working in the State's forensic science department alleging promotion of his juniors despite his proposal being processed earlier than the latter.
Justice Niral R Mehta issued notice on the petition alleging that even though the petitioner is senior to respondents Nos.4 and 5 as a Scientific Officer, Class –II being appointed in 2012 prior to the date of appointment of respondents Nos.4 and 5, the two respondents were promoted before the petitioner.
Thus, the petitioner has been placed lower in the seniority in the cadre of Assistant Director, Class – I. Thus, when the next promotion–i.e. to the post of Deputy Director would arise, the petitioner would be considered as junior to the respondents Nos.4 and 5.
The Petitioner was appointed as Scientific Officer, Class II, in the Directorate of Forensic Science, Home Department, Gujarat on 25.01.2012.
The plea claims that despite repeated representations and production of documentary evidence clearly establishing that the delay in issuance of the petitioner's promotion order was solely attributable to the respondent authorities, no corrective action has been taken till date. Consequently, the petitioner, though admittedly senior in the feeder cadre, has been rendered junior in the common seniority list- maintained for the promotional post of Deputy Director and has suffered continuing civil consequences affecting his future promotional prospects, service benefits and retiral benefits.
The plea seeks that the order promoting respondent 4 and 5 be despite petitioner's promotion proposal being processed earlier be declared illegal and arbitrary.
It seeks to set aside the seniority list to the it places petitioner below his juniors. It seeks a direction to grant the petitioner benefit of deemed date of promotion to the post of Assistant Director, Class – I with effect from 26-03-2021.
The matter is listed on September 3.
Case title: KALPESH KANTILA MODH v/s STATE OF GUJARAT & ORS
R/SPECIAL CIVIL APPLICATION NO. 10713 of 2026
Appearance:
MR JAY A TAMAKUWALA for the Petitioner(s) No. 1
RONITH JOY for the Petitioner(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3