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2022 Supreme(HP) 435

JYOTSNA REWAL DUA
Rakesh Soni, S/o Sh. Ram Prakash Soni – Appellant
Versus
State Of Himachal Pradesh, Through Its Principal Secretary (IPH), To The Govt. Of H. P. , Shimla – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Jagdish Thakur, Advocate
For the Respondent:Ms. Ritta Goswami, Additional Advocate General, Ms. Babita Sharma Advocate, Vice Mr. A.K.Gupta, Advocate

ORDER :

The petitioner seeks quashing of promotion of private respondents No. 3 to 5 as Assistant Engineers (Civil). Consequent prayer has been made for considering the case of the petitioner for promotion to the post of Assistant Engineer (AE for short) from the date his juniors i.e. respondents No.3 to 5 were promoted as such with all incidental benefits. Another prayer has been made for re-drawing the seniority list of Junior Engineers (Civil) [hereinafter as JEs (Civil)] as it stood on 31.12.2014 and to place the petitioner, therein at the same seniority position which he was holding in the seniority list of JEs issued vide Annexure A-2.

2. The relevant factual matrix of the case is as under:-

2(i). On 08.09.2005, the official respondents issued final seniority list of Surveyors working in Irrigation and Public Health Department (IPH hereinafter) as it stood on 31.12.2004. Name of the petitioner figured at Sr. No.299 of this list, whereas, private respondents No.3, 4 and 5 figured at seniority position Nos. 301, 304 and 306, respectively. Private respondents No.3 to 5 were jun

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