C/SCA/4305/2025 ORDER DATED: 18/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4305 of 2025 ========================================================== SURESH MANILAL PARMAR Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MS VYOMA K JHAVERI(6386) for the Petitioner(s) No. 1 MR ADITYA PATHAK, AGP for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 18/08/2025 ORAL ORDER 1. Heard learned Advocate Mr. Vyoma K. Jhaveri for the petitioner and learned AGP Mr. Aditya Pathak for the respondent-State. 2. By way of this petition, the petitioner inter alia raises a grievance as regards the State not considering the case of the petitioner for ad-hoc promotion as per the terms of Government Resolution dated 02.04.1983 read with Government Resolution dated 30.10.1993, further reiterated vide Government Resolution dated 14.06.2016. 2.1 It would appear in this regard that the petitioner has submitted representations to the respondent authorities vide representations dated 04.03.2024 and 05.09.2024. 3. Considering that the Government Resolutions referred to hereinabove, require the State Authorities to consider the case of an employee against whom a departmental inquiry/criminal prosecution is pending, as to whether the employee is to be given ad-hoc promotion or not and whereas Government Resolution dated 2.04.1983 specifically prescribing three conditions, from the perspective of which, the case of an C/SCA/4305/2025 ORDER DATED: 18/08/2025 employee is required to be looked into as to whether the employee should be granted ad-hoc promotion or not, to this Court, since a fair consideration is the only prayer, the following directions would suffice the interest of justice. (i) In addition to representations dated 04.03.2024 and 05.09.2024 preferred by the petitioner, the petitioner is at liberty to file a fresh representation within a period of one week from the date of receipt of this order. (ii) The respondent authorities i.e. the respondent No.1, more particularly the competent authority with the respondent No.1 shall take an appropriate decision as regards the representations of the petitioner referred to hereinabove, more particularly from the perspective of the policy of the State Government as found in the Government Resolutions dated 02.04.1983, 30.10.1993 and 14.06.2016. (iii) The decision as contemplated above shall be taken within a period of 08 weeks from the date of receipt of the fresh representation. (iv) The respondent authorities shall strictly consider and decide the case of the petitioner from the perspective of the conditions prescribed in Government Resolutions dated 02.04.1983, 30.10.1993 and 14.06.2016. (v) In case the representation of the petitioner is rejected, then an appropriate speaking order shall be passed by the authority concerned and intimated to the petitioner. 4. With the above observations and directions, the present petition stands disposed of as partly allowed. C/SCA/4305/2025 ORDER DATED: 18/08/2025 5. It is clarified that this Court has not made any observation on the merits of the matter and whereas the respondents shall take an appropriate decision, strictly as directed hereinabove. 6. In case the decision is adverse to the interest of the petitioner, it would be open for the petitioner to avail appropriate legal remedy there against. (NIKHIL S. KARIEL,J) BDSONGARA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 18/08/2025 17:45:52