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2023 Supreme(HP) 542

VIVEK SINGH THAKUR
Randhir Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.K.D. Sood, Senior Advocate, alongwith Mr.Rahul Gathania, Advocate
For the Respondents:Mr.Anup Rattan, Advocate General, with Mr.Manoj Chauhan, Adv

JUDGMENT :

Vivek Singh Thakur, J.

These two petitions preferred by the same petitioner, seeking service benefits are being decided by this common order for involvement and appreciation of common facts and documents.

2. First petition O.A. No.281 of 2018 was filed by the petitioner before the erstwhile H.P. State Administrative Tribunal. The same, on abolition of erstwhile Tribunal, was transmitted to the High Court and was registered as CWPOA No.3865 of 2020 wherein, main reliefs sought by the petitioner, are as under:-

    “(i) Quash the provisional Seniority List Annexure A-7 which after rejection of representation Annexure A-8 was circulated as the final seniority list.

(ii) Quash rejection of representation dated 08.11.2013 Annexure A-8.

(iii) Quash letter dated 16.7.2016 Annexure A-14 whereby the appeal filed by the applicant against rejection of representation was dismissed.

(iv) That respondents-authorities be directed to re-fix seniority of the applicant after taking into account service rendered in the Army will all consequential benefits of seniority and arrears.”

3. CWP No.72 of 2021 was preferred by the petitioner invoking Article 226 of the Constitution of India for the following

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