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2022 Supreme(HP) 378

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


Advocates Appeared:
For the petitioners:Mr. Nitin Thakur, Advocate.
For the Respondents:(Mr. Ashok Kumar, Advocate General, with M/S Sumesh Raj, Dinesh Thakur & Sanjeev Sood, Additional Advocates General, Mr. Amit Kumar Dhumal, Deputy Advocate General & Mr. Manoj Bagga, Assistant Advocate General, For Respondents No.1 and 2.), (M/s Onkar Jairath & Shubham Sood, Advocates, For Respondents No.3 to 5), (Ms. Seema Guleria, Advocate, for The Applicants/Proposed Respondents in Cmp Nos. 7296 And 7297 of 2022)

JUDGMENT :

1. By way of this petition, the petitioners have prayed for the following reliefs:-

    “i) That in view of the above mentioned facts and circumstances, the impugned letter dated 20.2.2020 (annexure P4) may kindly be quashed and set aside and the respondents may kindly be directed not to disturb the seniority of the petitioners as kanungo in District Una, in the interest of justice and fair play.

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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