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1995 Supreme(SC) 854

B.L.HANSARIA, K.RAMASWAMY
Kuldipchand – Appellant
Versus
Union Of India – Respondent


Advocates:
A.Subhashini, ANIL KATIYAR, B.S.CHAHAR, J.D.JAIN, M.KASHYAP, N.N.GOSWAMY, S.C.PAUL, SUSHMA SURI, V.M.ISSAR

(1) LEAVE granted

(2) ON 1/1/1991 when the post of accountant became vacant, Ashok Kumar, fourth respondent had staked his claim for consideration of his case for promotion contending that he was appointed on 29/11/1976 as octroi moharrir in the pay scale of Rs. 110-250 and that he was posted as a clerk on 1/3/1984. By the proceedings of the competent authority, the post of octroi moharrir and clerks were redesignated as clerks in the year 1982. Consequently he was working as a clerk from 29/11/1976. The post of clerk g is a feeder post for consideration to the vacancy of accountant. He being senior to the appellant, is better situated to be considered for the post of accountant. His claim was negatived. Consequently, when he approached the High court of Himachal Pradesh in WP No. 267 of 1991 by order dated 22/11/1991 the High court accepted the claim and allowed the writ petition directing the Union of India to consider his case for promotion as an accountant vis-a-vis the claim of Kuldip Chand, which found favour with the a authorities. The case of the appellant is that he was appointed as sanitary supervisor on 29/8/1973 in the pay scale of Rs. 100-160. He was pro




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