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2021 Supreme(HP) 400

TARLOK SINGH CHAUHAN
Girdhari Lal Sharma – Appellant
Versus
H. P. Vidhan Sabha & Anr. – Respondent


Advocates appeared:
Ranjana Parmar, Advocate, Karan Singh Parmar, Advocate, Anshul Attri, Advocate, Lokender Paul Thakur, Advocate

JUDGMENT

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

i) That the seniority list issued on 30.08.2014 be quashed and set aside to the extent it places the respondent No.2 over and above the petitioner with further directions to issue seniority list of Senior Assistants in accordance with law and instructions dated 27.05.1996.

ii) That the order dated 30th October, 2014 reverting the petitioner to the post of Superintendent (Ex Cadre) and promoting the respondent No.2 as Superintendent Grade-II be quashed and set aside with further directions to promote the petitioner as Superintendent Grade-II with effect from 30th October, 2014, with all consequently benefits.

iii) That the respondents may kindly be burdened with costs.

2. Brief facts necessary for the adjudication of the present petition are that the petitioner was appointed as a clerk on 02.08.1985 whereas respondent No.2 was appointed on 1.10.1985. However, on account of respondent No.2 belonging to the Scheduled Tribe Category, he came to be promoted as Senior Assistant prior to the petitioner in the year 1998, whereas petitioner was promoted as Senior Assistant in

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