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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,

Table of Content
1. petitioner seeks quashing of notification and promotion. (Para 1)
2. chronology of petitioner's appointments and promotions. (Para 2 , 3 , 4)
3. representation challenges petitioner’s seniority. (Para 5 , 6 , 7)
4. details of notices and promotions issued to petitioner. (Para 8 , 9 , 10 , 11)
5. arguments regarding infringement of natural justice. (Para 12 , 13)
6. analysis of legality against delay in challenging seniority. (Para 14 , 15 , 16)
7. objection to post-decisional hearing and response time. (Para 17 , 18)
8. quashing of notification and restoration of seniority. (Para 19)

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 h

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