M. R. CALLA, J. ( 1 ). This Letters Patent Appeal is directed against the judgment and order dated 16-8-1999 passed by the learned single Judge dismissing Special Civil Application No. 11218 of 1994. In fact the learned single Judge by his common order dated 16-8-1999 has decided two Special Civil Application; Special Civil Application No. 11218 of 1994 (reported in C. G. Sharma v. State, 2000 (2) GLR 1031 ) filed by the present appellant (Shri C. G. Sharma) and Special Civil Application No. 12454 of 1994 filed by Mr. K. H. Bhatt. The present Appeal is by Shri C. G. Sharma, who was petitioner in Special Civil Application No. 11218 of 1994. ( 2 ) THE appellant herein i. e. , original petitioner had joined the services in the High Court of Gujarat in August, 1977 as Junior Clerk. He was promoted as Assistant in the year 1986. The appellant claims that he had a clean service record and there was no adverse remarks in his annual confidential reports while he was on the establishment of the High Court staff. The appellant did his graduation in law after graduating in Commerce, The advertisement was issued by G. P. S. C. for recruitment to the post of Civil Judge (J. D.) and J. M. F. C. , and other posts in the Judicial Services, he applied in response to this advertisement for the post of Civil Judge (J. D.) and J. M. F. C. , appeared in the written test held by G. P. S. C. , and thereafter, also appeared in the oral test. He was selected by G. P. S. C. for the said post and accordingly he was given appointment as Civil Judge (J. D.) and J. M. F. C. He took over the charge of the post on 29-6-1991 as Civil Judge (J. D.) and J. M. F. C. at Mehsana, which was his first posting.
He was selected by G. P. S. C. for the said post and accordingly he was given appointment as Civil Judge (J. D.) and J. M. F. C. He took over the charge of the post on 29-6-1991 as Civil Judge (J. D.) and J. M. F. C. at Mehsana, which was his first posting. According to the appellant from 29-6-1991 onwards he worked at different places as under :-- 29-6-1991 for a period of one and half months at Mehsana.- He was then posted at Kheralu in Mehsana District where he took over on 26-8-1991 and worked at Kheralu upto 13-9-1992.- He was then transferred from Kheralu to Vadnagar because there was a link Court at Vadnagar and Kheralu, but a decision was taken to separate vadnagar Court, and therefore, with effect from 14-9-1992 he was transferred to Vadnagar Court and from 14-9-1992 to 31-5-1994 he worked at Vadnagar.- Thereafter, he was posted as Civil Judge (J. D.) and J. M. F. C. at Dabhoi, district Baroda. The petitioner claims that throughout the period of his working, as above, except for the remarks of little less disposal on civil side, his performance was adequate, rather good and his performance had never gone below adequate. However, he was told that he should have more disposal on civil side. Disposal on criminal side was quite large and so far as civil cases are concerned, it was less because there was separation of the Court, the Advocates on civil side were few, the pending matters were also few and owing to lack of rotation, the civil matters in more numbers could not be disposed of, despite the appellants endeavour for reaching the maximum level. The appellant has given the summary of the intimation about his work as given to him by the High Court for the period upto December, 1991 to December, 1993 as under :-