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2023 Supreme(HP) 159

VIVEK SINGH THAKUR, BIPIN CHANDER NEGI
Devinder Dutt Sharma – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Hamender Singh Chandel, Advocate.
For the Respondent:Mr. Anup Rattan, Advocate General with Mr. Rajesh Mandhotra, Additional Advocate General, Mr. Adarsh K. Vashista, Advocate,

JUDGMENT :

Bipin Chander Negi, J.

The petition has been filed seeking following substantive reliefs:-

    “.i. That the impugned notification dated 28.12.2021, Annexure P-13 may kindly be quashed and set-aside. All the proceedings consequent to which notification dated 28.12.2021 have been issued may also be held illegal and set aside;

    ii. That the respondent department may be directed to convene DPC from due date and consider and promote the petitioner as Director Health and Family Welfare to the Government of Himachal Pradesh with all consequential benefits.”

2. The factual matrix in the case at hand is that the petitioner was initially appointed as a Medical Officer on adhoc basis on 13.08.1991. Thereafter, on 13.12.1992, the petitioner was appointed on regular basis through selection by the Himachal Pradesh Public Service Commission. The final seniority list of Medical Officers, as it stood on 30.03.2000, was issued on 05.03.2001.

3. Subsequent to the aforesaid, the petitioner was promoted as a Block Medical Officer on 08.11.2010. The tentative seniority list of Block Medical Officers, as it stood on 01.07.2013, was circulated on 25.07.2013.

4. Thereafter, the petitioner was promoted as

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