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2021 Supreme(HP) 379

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Surjeet Singh – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates appeared:
Rajiv Jiwan, Advocate, Prashant Sharma, Advocate, Ashok Sharma, Advocate, Rajinder Dogra, Advocate, Hemanshu Misra, Advocate, Shiv Pal Manhans, Advocate, Bhupinder Thakur, Advocate

JUDGMENT

Tarlok Singh Chauhan, J. - The instant petition has been filed for grant of the following reliefs:-

"(a) That, impugned order dated 4.7.2015 annexure A-10 may kindly be quashed and set aside.

(b) That the seniority of the clerks/Junior Assistants, as it stood on 1.11.2013, showing the applicant at Sr. No. 41 may kindly be ordered to be corrected by showing the applicant at Sr. 34 by correcting date of appointment as 2.4.1998 in place of 5.2.2000. Further, consequently, the applicant be deemed to have been promoted on the basis such corrected seniority list of Clerks/Junior Assistants, to the post of Senior Assistant, by determining due date from which he would have been promoted as Senior Assistant, in case he is granted seniority as Clerk/Junior Assistant from 2.4.1998, in place of 5.2.2000.

(c) That in pursuance to above relief, the seniority list of the Senior Assistants may also be modified showing applicant at appropriate place in the seniority list of Senior Assistants, with all consequential benefits."

2. The undisputed facts are that the petitioner was enlisted as Constable on 02.04.1998 in 3rd IRBn. Pandoh and was sent for basic recruit training at PTC, Daroh, on 06.0

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