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2022 Supreme(HP) 333

SATYEN VAIDYA
Shashi Kant, S/o. Sh. J. D. Sharma – Appellant
Versus
State of H. P. Through Its Additional Chief Secretary (Public Works Department) – Respondent


Advocates Appeared:
For the Petitioner:Sh. B.C. Negi, Sr. Advocate with Ms. Shalini Thakur.
For the Respondents:Sh. P.K. Bhatti, Additional Advocate General, Sh. Dilip Sharma, Sr. Advocate with Mr. Manish Sharma and Sh. Deepak Sharma.

ORDER :

By way of instant petition, petitioners have prayed for following substantive reliefs :

    “(i) For quashing and setting aside Annexure P-13 rejecting representation of the petitioner.

(ii) for holding that review DPCs held by the respondents in respect of promotion of petitioners/private respondent JE (AMIE) to the post of Assistant Engineers (PWD) as well as the resultant re-drawn seniority list of AE vide Annexure P-7 dated 1.3.2014 and vide Annexure P-8 dated 1.3.2016 qua the petitioners and private respondents are illegal and may kindly be quashed and set aside. Consequently, all actions taken on the basis of these lists w.r.t. petitioners and private respondents be also declared illegal and void.

(iii) for directing the respondents not to apply the judgment of S.S. Kutlehria for counting seniority.”

2. The background facts of the present matter in brief are that prior to 27.4.1994, HPPWD was a unified unit as a department, which came to be bifurcated after said date into two separate units i.e. PWD (B&R) and I&PH.

3. The petitioners and private respondents No. 2 to 14 were inducted as Diploma Holder Junior Engineers in the unified HPPWD before its bifurcation. Recruitment & Pr

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