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2021 Supreme(HP) 642

CHANDER BHUSAN BAROWALIA
Roop Singh Son of Dila Ram – Appellant
Versus
State of Himachal Pradesh, Principal Secretary (Revenue) – Respondent


Advocate Appeared:
For the Petitioner:Mr. Kul Bhushan Khajuria, Advocate
For the Respondent:Mr. P.K. Bhatti, Mr. Bharat Bhushan, Additional Advocates General, Mr. Amit Kumar Dhumal, Deputy Advocate General, Ms. Ranjana Parmar, Senior Advocate With Mr. Karan Singh Parmar, Advocate

ORDER :

The instant petition has been filed for the grant of following reliefs:

    (i) That in view of the above mentioned facts and circumstances, the impugned Notification of promotion dated 27.8.2020 may kindly be quashed and set aside.

(ii) That the respondent department may kindly be directed to promote the petitioner as Superintendent Grade-I being senior most, with all consequential benefits.”

As per the petitioner, he was appointed by the respondent-department as Clerk in the year, 1988 and thereafter in the year 2004, he was promoted as Junior Assistant and subsequently to the post of Senior Assistant. In the final seniority list of Senior Assistant, petitioner was placed at Sr. No.1, thus, he was entitled to be considered for promotion to the post of Superintendent Grade-I. However, impugned Notification dated 27.8.2020, the respondent-department issued order of promotion of respondent No.3 and promoted him as Superintendent Grade-I, despite the fact that he was junior to him. As per the averments made in the petition, the respondent-department has ignored the Office Memorandum dated 27.2.2016 and 21.6.2016, while holding Departmental Promotion Committee (hereinafter referred t

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