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2018 Supreme(UK) 378

K.M.JOSEPH, SHARAD KUMAR SHARMA
SUNIL KUMAR – Appellant
Versus
UTTARAKHAND STATE PUBLIC SERVICES TRIBUNAL – Respondent


Advocates:
For the Petitioner:Mr. Rakesh Thapliyal, Advocate
For the Respondents:Mr. D.S. Patni, Adv., Mr. Alok Mahra, Adv., Mr. B.P. Nautiyal, Sr. Adv., assisted by Mr. Mohd. Matloob, Adv. and Ms. Rangoli Purohit, Advocate

JUDGMENT

K.M. Joseph, C.J. (Oral)

The writ petition is filed seeking the following reliefs:

“i) issue a writ, order or direction in the nature of certiorari quashing the judgment and order passed by the Public Services Tribunal dated 10.10.2017 passed in Claim Petition No. 18/NB/DB/2015, Sunil Kumar v. Chief Engineer and others, as well as the judgment and order passed by the Tribunal in a review petition No. 01/NB/DB/2017 decided on 23.11.2017.

ii) issue a writ order or direction in the nature of mandamus directing the respondents to determine the seniority of the Junior Engineers strictly as per Rule 23 of the U.P. Jal Nigam Subordinate Engineering Services Rules, 1978."

2. On 29.11.2004, an Advertisement was issued for the purpose of filling-up the vacancies of Junior Engineer. Petitioner was favoured with an appointment order dated 13.05.2005. In all, five appointment orders were issued on different dates pursuant to the Advertisement issued in 2004 and the selection was made in 2005. The party respondents, in this case, are all persons, who have been favoured with appointment orders, which are issued subsequent to the appointment order of the petitioner. About this, there is no dis

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