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2013 Supreme(SC) 771

ANIL R.DAVE, DIPAK MISRA
State of Uttaranchal – Appellant
Versus
Shiv Charan Singh Bhandari – Respondent


JUDGMENT

Dipak Misra, J.

Delay condoned.

2. Leave granted in both the special leave petitions.

3. The respondents were appointed in Group III posts in Subordinate Agricultural Services (SAS) in the Department of Agriculture in the undivided State of Uttar Pradesh. Some of them were appointed in 1974 and some in the year 1975. A provisional seniority list in the cadre of SAS Group III was prepared where they were shown senior to one Madhav Singh Tadagi. The said Madhav Singh Tadagi, who was working as Agriculture Plant Protection Supervisor, Group III, was given ad hoc promotion to the post of Assistant Development Officer (Plant Protection, Group II) by the Deputy Director of Agriculture on 15.11.1983. In the year 1983 a Selection Committee was constituted for making promotion to Group II posts on the basis of seniority-cum-fitness from amongst the employees of Group III posts and in the said selection process the respondents as well as Madhav Singh Tadagi were promoted on regular basis in Group II posts. After regular promotion was made, a seniority list was finalized in respect of promotional cadre and the respondents were shown senior to Madhav Singh Tadagi. The final seniority list























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