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2000 Supreme(Raj) 962

SHIV KUMAR SHARMA
A. V. Gupta – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. :- Petitioner seeks to quash amendment dated March 5, 1987 (Ex.9) and prayed that the corrigendum dated June 22, 1987 read with the seniority list dated April 28, 1987 be declared null and void and petitioner's position at No.9 in the seniority list dated April 28, 1987 be restored and his candidature for regular promotion to the post of Assistant Engineer (M) be considered accordingly with all consequential benefits.

2. Admittedly, the petitioner has been retired on October 31, 1999. The grievance of the petitioner in the instant writ petition is that regular appointment by promotion as Assistant Engineer from 1972 was denied to him on the basis of amendment dated March 5, 1987. According to the petitioner Notification dated March 5, 1987 (Annexure-9) is ultravires. In the seniority list dated April 28, 1987 Ex.12 correct position was assigned at S.No.9 but his position was run down to No.27 A on the basis of amendment dated March 5, 1987 because by this amendment those Engineering Subordinates (M) who had been appointed on urgent temporary basis have been granted a regular appointment based on departmental selection which was not a regular selection. Thus all these per









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