AJAY MOHAN GOEL
Kuldeep Kumar S/o Sh. Shankar Dass – Appellant
Versus
State Of H. P. Through F. C. Cum-principal Secretary, (Revenue) Government Of Himachal Pradesh, H. P. Secretariat, Shimla-2 – Respondent
JUDGMENT :
1. By way of this petition, the petitioners have prayed for the following reliefs:-
ii) That the executive instructions dated 30.6.1997 being in contravention to the statutory service rules of 1992, may also kindly be quashed and set aside as the said instructions have overruled the statutory rules notified in the year 1992.
iii) issue a writ of mandamus directing respondents not to implement Annexure P5 i.e. seniority list issued on 08.05.2020: and /or
iv) Issue a writ of cretiorari quashing and setting aside Annexure P5 i.e. seniority list issued on 08.05.2020.”
2. The case of the petitioners is that they were appointed as Patwaris in the respondent-Department in the year 1998 in terms of Recruitment & Promotion Rules, 1992. Thereafter, the seniority of the petitioners was maintained by the respondent-authorities as per the said Rules more so in terms of Rules 15 (
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