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2023 Supreme(UK) 254

MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Rajendra Pal – Appellant
Versus
Kailash Chandra Peinuly – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. K.P. Upadhyaya, Senior Advocate with Mr. Sandeep Kothari, Advocate, Mr. Vinay Kumar, Advocate
For the Respondent:Mr. Sanjay Raturi, Mr. Pradeep Hairiya, Ms. Niti Rana, Advocate

JUDGMENT :

Manoj Kumar Tiwari, J.

Since common questions of law and fact are involved in these writ petitions, therefore are being taken up together and are being decided by this common judgment. However, for the sake of brevity, facts of Writ Petition (S/B) No. 253 of 2020 alone are being considered.

2. Petitioners are employees of Uttarakhand Jal Sansthan, which is a statutory corporation established under provisions of U.P. Water Supply and Sewerage Act, 1975. A seniority dispute was raised by first respondent(Kailash Chandra Peinuly) before Uttarakhand Public Services Tribunal by filing Claim Petition No. 42/DB/2018, with the contention that he was substantively appointed as Junior Engineer in the year 1987 while respondent nos. 4 to 7 in the claim petition were appointed as Junior Engineer only in the year 2005, therefore, he should be treated as senior on the promoted post of Assistant Engineer, even though, his promotion was delayed by two years. Learned Tribunal, after hearing the parties, allowed the claim of first respondent by setting aside the seniority list dated 06.07.2017, with a direction to the Competent Authority to revise the seniority list by placing his name, abov

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