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2022 Supreme(Megh) 95

H. S. THANGKHIEW
Pawan Rai – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. M. Chanda, Advocate., for the Petitioner; Mr. R. Debnath, CGC., for the Respondent No. 1; Mr. S.P. Mahanta, Sr. Adv. with Mr. D. Dkhar, Advocate., for the Respondent Nos. 2 & 3

JUDGMENT

1. The petitioner No. 1 who is working as a Mazdoor and the petitioner No. 2 who is working as Mali, in the Office of the respondents No. 2 and 3, are before this Court with a prayer, amongst others, for setting aside and quashing the impugned Employment Notice dated 01.10.2018, as far as it relates to the filling up of one post of Fitter (Water Supply) and also for being considered for promotion to the vacancies in the said post.

2. The basis of the claim of the petitioners for promotion to the post of Fitter (Water Supply) is founded on their contention that the same is a promotional post and as such, the Employment Notice dated 01.10.2018, calling for direct recruitment to the said post is without jurisdiction and against the stated policy of the respondents.

3. The petitioners it appears from the records had approached this Court on an earlier occasion, against the same impugned Employment Notice vide WP(C) No. 93 of 2019, and on an affidavit being filed by the respondents, placing reliance on Rule 5(B) (3) and Rule 5(B) (5) of the Cantonment Fund Servants Rules, 1937, had then filed another writ petition being WP(C) No. 383 of 2019, for quashing the aforesaid Rules. Thes

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