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2018 Supreme(P&H) 1630

DAYA CHAUDHARY
Kuljit Paul Singh Mahi – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioners:Mr. Gurminder Singh, Senior Advocate with Ms. Harpriya Khaneka, Advocate, Mr. Sumeet Mahajan, Senior Advocate with Ms. Ramneeq Kaur Jawanda, Advocate.
For the Respondents:Ms. Anu Chatrath, Additional Advocate General, Punjab, Mr. R.K. Malik, Sr. Advocate with Mr. Aman Arora, Advocate, Mr. Anupam Gupta, Senior Advocate with Mr. Gautam Pathania, Advocate, Mr. Ashok Kumar Bazaz, Advocate.

JUDGMENT :

DAYA CHAUDHARY, J.

1. By this judgment of mine, two petitions bearing Civil Writ Petition No.16073 of 2016 and Civil Writ Petition No.15572 of 2016 shall be disposed of as common question of law and facts are involved. However, for the sake of convenience, the facts are being derived from Civil Writ Petition No.16073 of 2016.

2. Petitioners have approached this Court by way of filing the present petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of seniority list dated 24.06.2016 (Annexure P-10), which has been prepared without adhering to the provisions under Punjab Civil Services (Executive Branch) (Class I) Rules, 1976 (here-in-after called as the 'Rules, 1976). A further prayer has also been made for issuance of a writ in the nature of mandamus directing the respondents to forward the names of the eligible officers for selection and promotion to the Indian Administrative Service in accordance with the seniority fixed as per 'the Rules 1976' and the law laid down by Hon'ble the Apex Court in case Arvinder Singh Bains and others vs State of Punjab and others 2006 (6) SCC 673.

3. As per case of the pe





















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