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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Nanak Chand Sharma – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. delay of 14 years bars challenge to settled 1995 seniority list. (Para 4) |
JUDGMENT :
Ranjan Sharma, J.
Petitioner, Nand Chand Sharma, had initially filed an Original Application i.e. OA No 1299 of 2008, before Learned Himachal Pradesh State Administrative Tribunal and upon abolition of the Tribunal, the same was transferred to this Court as CWPOA No.403 of 2019, seeking the following relief(s):
“(i). That the order dated 21.11.2007 Annexure A may be quashed and set aside.
(ii). That the order granting the senior to respondent No.3 may be quashed and set aside and the respondents may be directed to redraw the seniority and in the alternative the applicant may be given all promotions to the post of Senior Assistant, Superintendent Grade-I and Superintendent Grade-II from the due date with all consequential benefits.”
FACTUAL MATRIX:
2. Case as set up by Learned Counsel for the petitioner is that the petitioner joined service as a Clerk in the Respondent-Department on 17.07.1972 and was promoted as Senior Assistant on 28.01.1989 and was thereafter promoted as Superintendent Grade-II on 01.02.2002. It is averred that on the other hand, Respondent No.3 [Nanak Singh Arora] jo
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Claims regarding seniority must be raised promptly; failure to do so can lead to dismissal based on delay and laches.
Point of Law : Promotions made prior to enforcement of such Rules were not to be affected by 1999 Rules as such Rules were to operate prospectively and not retrospectively.
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