Gujarat High Court: In a writ petition filed under Article 226 and 227 of Constitution of India seeking a writ of mandamus against Gujarat Industrial Development Corporation (‘GIDC’) and quashing the impugned seniority list as being violative of Article 14 and 16 of the Constitution, the Single- Judge Bench of Mauna M. Bhatt, issued notice to GIDC and directed that promotion, if any, shall be subject to the outcome of the present petition.
In the matter at hand, the petitioner had joined Gujarat Industrial Development Corporation at the post of Junior Officer on 28-11-2013 through direct recruitment and remain posted at the same position for four years till 16-10-2017 and is working at the post of Assistant Manager presently. GIDC published the impugned order of revised final seniority list of Assistant Manager on 18-03-2023 as an afterthought, as the departmental promotion committee meeting (‘DPC’) was already conducted for the previously final seniority list dated 07-08-2021, through which the promotions were already finalized including that of the petitioner. It was alleged that GIDC erroneously changed the previous final seniority list as other candidates were promoted as per the old circular and deprived the petitioner of his promotion by retrospectively applying the new circular, which was arbitrary and unsustainable as different yardsticks cannot be applied selectively to deprive a candidate who is eligible and entitled for promotion. It was also alleged that GIDC has used its power arbitrarily by reviewing the seniority list four times without a reasoned order and publishing the impugned seniority list dated 18-03-2023, thereby violating the principles of natural justice.
Aggrieved by the order of the GIDC, the petitioner approached the High Court to issue a writ of mandamus against GIDC and set aside the impugned seniority list.
After hearing the counsels, the Court issued notice to GIDC and matter will be heard on 05-06-2023. It was also directed that promotion, if any, will be subject to the outcome of the present petition.
[Vinuben Rajput v. Gujarat Industrial Development Corporation, 2023 SCC OnLine Guj 1000, decided on 17-04-2023]
Advocates who appeared in this case :
For the petitioner: Advocate Harshad Joshi;
Advocate Swarnendu Chatterjee;
Advocate Deepakshi Garg.