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2008 Supreme(SC) 110

ARIJIT PASAYAT, P.SATHASIVAM
Vishnu Dev Sharma – Appellant
Versus
State of U. P. – Respondent


judgment

Dr. Arijit Pasayat, J. –

1.Leave granted.

2.Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court dismissing the Civil Miscellaneous Writ Petition No. 18497 of 1994. The dispute related to fixation of seniority.

3.It is not necessary to go into the factual aspects in detail as the writ petition was disposed of in a summary manner observing as follows:

“This is a writ petition challenging the final seniority list.

We have heard counsel for the parties. The seniority has been given from the date of confirmation. We see no illegality. The writ petition is dismissed.”

4.In support of the appeal, learned counsel for the appellant submitted that such summary dismissal of writ petition was not warranted as several issues of considerable importance were involved, more particularly whether the norms for fixing seniority in the background facts of the case were to be considered.

5.Learned counsel for the appellant pointed out that in the seniority list he was placed below juniors which was impermissible. That aspect was not considered by the High Court.

6.Learned counsel for the respondent-State and its functionaries supported the order of the H








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