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2010 Supreme(All) 4146

PRAFULLA C.PANT, SUDHANSHU DHULIA
J. K. Pant – Appellant
Versus
Union of India & Ors. – Respondent


Prafulla C. Pant, J.:-

Heard.

2. By means of this writ petition moved under article 226 of Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the order dated 12.12.2007, relating to the promo­tion of respondent no. 5 Lalit Mohan to the post of Chief Engineer, Level-II. A mandamus has also been sought direct­ing the respondents make notional promo­tion of the petitioner to the post of Su­perintending Engineer w.e.f. 13.06.2001 instead of 28.07.2005 (date on which he was actually promoted) alongwith all con­sequential benefit.

3. Heard learned counsel for the par­ties, and perused the affidavit, counter af­fidavit, rejoinder affidavit and suppliers teary affidavit on record.

4. Brief facts of the case are that, the petitioner was appointed as Assistant En­gineer on 07.10.1972, with U.P, Local Self Government Engineers Department (for short UPLSGED) on adhoc basis. Subsequently, he was appointed on regu­lar basis through U.P. Public Service Com­mission on 24.09.1973, as Assistant En­gineer with U.P. Public Works Department (for short P.W.D.). On 18.11.1995, the petitioner was promoted as Executive En­gineer. At the time of creation of the of Uttarak














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