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2022 Supreme(UK) 259

VIPIN SANGHI, R.C.KHULBE
State of Uttarakhand – Appellant
Versus
Suresh Chandra – Respondent


Advocates Appeared:
For the Petitioners:Ms. Mamta Bisht, learned Deputy Advocate General.
For the Respondents: Mr. V.B.S. Negi, learned Senior Counsel assisted by Mr. Ankush Negi, learned counsel.

JUDGMENT :

Vipin Sanghi, J.

The State of Uttarakhand has preferred the present writ petition to assail the judgment dated 11.12.2018, rendered by the Uttarakhand Public Services Tribunal, Bench at Nainital, in Claim Petition No.15/NB/DB/2013, preferred by the respondent-claimant Suresh Chandra.

2. The Tribunal has allowed the said claim petition. The respondent No.2 in the claim petition, i.e. the Chairman, Board of Revenue, Uttarakhand, Dehradun was directed to redetermine the seniority of Registrar Kanoongo, taking into consideration the Uttar Pradesh Avar Rajswa Lipik (Registrar Kanoongo Aur Sahayak Registrar Kanoongo) Sewa Niyamawali, 1958, and Rule 7 of the Uttarakhand Government Servants Seniority Rules, 2002 within a period of three months from the date of presentation of the certified copy of the impugned judgment.

3. The private respondent-claimant Suresh Chandra joined as Patwari on 27.03.1984. The next promotional post for which he offered his candidature was Assistant Kanoongo. The promotional exercise in District Udham Singh Nagar, where the respondent-claimant was posted, was undertaken in the year 2002. However, the respondent-claimant’s claim for promotion was rejected

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