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2022 Supreme(HP) 470

TARLOK SINGH CHAUHAN, VIRENDER SINGH
Rajendar Singh, S/o. Shri Mehar Singh – Appellant
Versus
State of Himachal Pradesh, Through Secretary (Personnel) to the Government of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ajay Sharma, Senior Advocate with Mr. Ajay Kumar Thakur.
For the Respondents:Mr. Ashok Sharma, Advocate General with Mr. Rajinder Dogra, Senior Additional Advocate General, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur, Mr. Yudhvir Singh Thakur, Deputy Advocate Generals and Mr. Rajat Chauhan, Mr. Shashi Shirshoo, Central Government Standing Counsel.

ORDER :

Petitioner Rajinder Singh has sought the indulgence of this Court by way of the present writ petition filed under Article 226 of the Constitution of India.

2. By virtue of the present writ petition, petitioner Rajinder Singh has sought the following relief:-

    (i) That impugned act of the respondents No.1 to 3 in orally rejecting the candidature of the petitioner for the post of Junior Office Assistant and then taking no decision on the representation of the petitioner, in law, amounts to executive inaction and same may very kindly be quashed and set aside with directions to respondents No.1 to 3 to consider the candidature of the petitioner and recommend his name to the Government for the post of Junior Office Assistant and allotting the Department in the State of H.P.”

3. The above mentioned relief has been sought on the ground that he is an ex-serviceman and during his service, a certificate, Annexure P-1, was awarded to him by the Government of India.

4. In the certificate, Annexure P-1, the Army authorities had granted a Trade Proficiency Certificate in Trade, described as “Clerk S.D.” which is described as equivalent to Civil Trade, Clerk General, Typist, Diarist, Enquiry Cl

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