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2022 Supreme(HP) 145

SATYEN VAIDYA
M. R. Potan Since Deceased Through His LRs. – Appellant
Versus
State Of HP Through Additional Chief Secretary (Forests) – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sanjeev Bhushan, Senior Advocate With Mr. Rakesh Chauhan, Advocate
For the Respondent:Mr. Desh Raj Thakur, Addl. A.G. With Mr. Gaurav Sharma, Dy. A.G., Mr. Dilip Sharma, Sr. Advocate With Mr. Manish Sharma, Advocate

ORDER :

By way of instant petition, petitioner has prayed for the following substantive reliefs:-

    “i “That a writ in the nature of certiorari may be issued and the impugned order Annexure P-9 dated 28.10.2009 may kindly be quashed and set aside

(ii) That a writ in the nature of mandamus may be issued directing respondents to grant seniority to the petitioner above respondent no.3 and thereby annexure P-7 may also be quashed and set aside with further directions to the respondents to hold the DPC after rectifying the seniority.”

2. The case of the petitioner is that initially he was appointed as Clerk (LDC) in the Department of Census and had joined as such on 18.10.1979. As per policy decision of the State Government, staff of Census Department was absorbed in various Department of the State of Himachal Pradesh. Petitioner was ordered to be appointed as Clerk in the office of Chief Conservator of Forests. He was relieved from the Census Department on 17th March, 1982 and joined as Clerk in the office of respondent No.2 on 18th March, 1982.

3. Petitioner qualified competitive examination and was resultantly promoted/appointed as Steno-Typist on 9.1.1986. Petitioner was further promoted

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