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2022 Supreme(HP) 293

SANDEEP SHARMA
Shiv Ram, S/o. Shri Bholu Ram – Appellant
Versus
State of Himachal Pradesh Through Its Additional Chief Secretary (Horticulture) to the Govt. of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Onkar Jairath.
For the Respondent:Sudhir Bhatnagar and Mr. Narinder Guleria, Additional Advocate Generals with Mr. Sunny Dhatwalia, Assistant Advocate General.

ORDER :

By way of instant petition filed under Article 226 of the Constitution of India, petitioner has prayed for following substantive reliefs:-

    “(i) That the impugned order dated 02.12.2020, contained in Annexure P-9, passed by respondent No.1, rejecting the genuine claim of the petitioner may kindly be quashed and set aside by issuing writ of certiorari.

(ii) That a writ in the nature of mandamus may kindly be issued, directing the respondents to pay amount of arrears on account of enhanced pay and allowances for the left out period w.e.f. 15.12.1999 to 02.03.2005 along with interest @ 9% per annum by issuing writ of mandamus.”

2. Precisely, the facts of the case, as emerge from the record are that on 31.10.1988, petitioner was selected as Village Extension Officer through H.P. Public Service Commission and since then, he had been working with the respondent-department till his superannuation. Since, despite petitioner being eligible, he was not being promoted to the post of Horticulture Development Officer, he approached this Court by way of CWP-T No. 2493 of 2008, titled Shiv Ram and another vs. State of H.P. & others (Annexure P-1). After having taken into consideration pleading

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