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2021 Supreme(Sikk) 26

MEENAKSHI MADAN RAI
Sushil Pradhan – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For the Appellant :Mr. A. Moulik, Senior Advocate with Ms. K.D. Bhutia and Mr. Ranjit Prasad, Advocates
For the Respondent:Dr. (Mrs.) Doma T. Bhutia and Mr. Sudesh Joshi, Additional Advocate Generals with Mr. S.K. Chettri, Additional Government Advocate and Mr. Sujan Sunwar, Assistant Government Advocate, Mr. Karma Thinlay, Senior Advocate for Mr. J.B. Pradhan, Senior Advocate with Mr. T.R. Barfungpa and Ms. Yangchen Doma Gyatso, Advocates.

JUDGMENT :

Meenakshi Madan Rai, J.

1. The discontentment of the Petitioners arises on account of their appointment and retention on Officiating basis from 08.05.2008 in the posts of Accounts Officers despite alleged existing Substantive vacancies, confirming them in the posts only on 16.03.2013, thus, depriving them of regular Promotion and Service Seniority, as against the Respondents No.7 to 17 directly recruited as Accounts Officers in January/February, 2009, who have been ranked higher than the Petitioners in the inter se Seniority. 1.(a) They are further aggrieved that the Respondents No.4, 5 and 6, who had appeared in the same Departmental Examination as them in the year 1997, were promoted on 24.12.1997 as Senior Accountants from the Panel prepared for such Promotion. On 05.02.2005, the same Respondents were further promoted as Accounts Officers on Officiating capacity while the Petitioners No.1, 2 and 8 despite possessing similar requisite qualifying years of Service, were excluded citing lack of vacancy. The said Respondents were promoted on Substantive capacity as Accounts Officers on 21.01.2009 and as Senior Accounts Officers on Officiating basis on 11.02.2011. The Petitio

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