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2021 Supreme(HP) 542

AJAY MOHAN GOEL
Kewal Singh S/o Shri Phuman Ram – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Surinder Sharma.
For the Respondents: Adarsh Sharma, Sumesh Raj, Sanjeev Sood, Sanket Sankhyan, Ashok Kumar Verma, Manjeet.

JUDGMENT :

AJAY MOHAN GOEL, J.

1. The controversy involved in this Writ Petition is in a very narrow campus. The petitioner herein is aggrieved by notification dated 5th August, 2014 (Annexure PE), vide which the private respondents stood promoted to the post of Section Officer (Class-II Gazetted), in the pay band of Rs. 10300-34800+5000 Grade Pay with immediate effect.

2. The case of the petitioner is that the post of Section Officer is a selection post which in terms of notification dated 6th November, 2009 (Annexure PA), is filled up by way of promotion from amongst Class-III officials of the Local Audit Department who have passed both parts of SAS examination of the Local Audit Department. In terms of Annexure PD, which is a tentative seniority list of Junior Auditors (Class-II Non-gazetted), the name of the petitioner is reflected in the same at serial No. 18, whereas the names of the private respondents are reflected at Serial No. 19, 21 and 22 respectively. The contention of the petitioner is that ignoring the fact that he was senior to the private respondents, vide impugned promotion order, the respondents have been erroneously promoted to the post of Section Officer before th

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