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2020 Supreme(SC) 168

L.NAGESWARA RAO, DEEPAK GUPTA
Vinod Giri Goswami – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner(s):P.S.Patwalia, R.Venkataramani, Rakesh Mishra, Rameshwar Prasad Goyal, Nanju Ganpathy, Ms. Deepa Rai, Bimlesh Kumar Singh, Ms. Rachana Srivastava, Amit Anand Tiwari, Rakesh Mishra, Tapesh Kumar Singh, Rameshwar Prasad Goyal, Amit Anand Tiwari, Ms. Shakun Sharma, Ms. Mary Mitzy, K.K.Singh, Rohitash Kumar Sharma, Advocates
For the Respondent(s):R.K. Singh, Prem Sunder Jha, R.S.Suri, P.B.Suresh, Ram Naresh Yadav, Mohit Kumar Singh, Sudhir Naagar, Rakesh Mishra, Sandeep Kumr Dwivedi, Satyam Pandey, Dhirendra Pandey, Ms. Madhubala, Pradeep Kumar Dwivedi, Awadhesh Kumar, Tapesh Kumar Singh, Ms. Mridula Ray Bharadwaj, Ms. Rachana Srivastava, Ms. Rachna Gandhi, R.S. Gerwal, Hitesh Kumar Sharma, Akhileshwar Jha, Ms. Meenakshi Gerwal, Advocates

JUDGMENT

L. Nageswara Rao, J.

The above Appeals relate to the inter se seniority dispute between the direct recruits and the promotee Deputy Collectors in the State of Uttarakhand.

2. Civil Writ Petition No.187 of 2010 was filed by 3 promotee Deputy Collectors challenging the final Seniority List dated 09.08.2010. They sought a direction to the Principal Secretary, Department of Appointment and Personnel, Government of Uttarakhand, Dehradun to count the entire period of their continuous service from the dates of their ad hoc appointment for the purpose of seniority in accordance with the proviso to Rule 24(4) of the Uttaranchal Civil Services (Executive Branch) Rules, 2005 (hereinafter referred to as 'the 2005 Rules'). It was averred in the Writ Petition that the Respondents were initially appointed as Naib Tehsildars and thereafter promoted and confirmed as Tehsildars. They pleaded that the vacancies of Deputy Collectors in the promotion quota were not filled up due to the allocation of Provincial Civil Services Officers not being finalised after the formation of the State of Uttarakhand. According to them, a number of vacancies in the promotion quota of Deputy Collectors were availa


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