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1990 Supreme(HP) 136

KAMLESH SHARMA
SURINDER KUMAR – Appellant
Versus
HIMACHAL GRAMIN BANK – Respondent


Advocates Appeared:
For the petitioner (s):Sh. K. D. Sood, Advocate. For the respondent (s):Sh. M. L. Sharma, Advocate, for respondent No. 1. Sh. Dharam Chand, Advocate, for respondent No. 2 and 4 to 16.

JUDGMENT

Kamlesh Sharma, J.—The petitioners who are Clerks in Himachal Gramin Bank have approached this Court under Articles 226/227 of the Constitution of India with a prayer that promotion of respondents No. 2 to 16 to the post of Field Supervisor may be set -aside and Himachal Gramin Bank may be directed to make fresh promotions in accordance with law. Respondents No. 2 to 16 were promoted on 26-0-1987 in pursuance to the selection made by the Departmental Promotion Committee on 6-2-1987.

2. The petitioners as well as respondents No. 2 to 16 were appointed as Clerks by direct recruitment from July, 1979 to November, 1980. Admittedly, in the cadre of Clerks, petitioners No, 1 and 2 are senior to respondents No. 2 to 10 and respondents No. 15 and 16, and petitioners No. 3 to 7 are senior to respondents No 2 to 10 Respondents No. 11 to 14 are senior to the petitioners. This has been stated on the basis of Annexure R-A filed by the Himachal Gramin Bank with its reply affidavit. Annexure R-A is a list of Clerks who completed six years of service on or before 31-12-1986 wherein the petitioners as well as the respondents have been placed according to their date of appointment.

3. The Him



























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