T.R. Handa, J. - (1.)The petitioner and respondents 3, 4, 5, 7, 10, 11 to 15 and 17 are all holding the substantive rank of Deputy Superintendent of Police in the State. They are all members of the Service known as the Himachal Pradesh Police Service. This Service was constituted on 25-1-1971 under section 40(1) of the State of Himachal Pradesh Act, 19/0, hereinafter referred to as 'the Act'. The inter se seniority of the petitioner and the respondents in this Service as determined by respondent No. 1, the State of Himachal Pradesh is reflected in the seniority list Annexure 'Q'. In this list the petitioner's name finds mention at S. No. 23 below the names of all the respondents 3, 4, 5, 7 10 11 to 15 and 17.
(2.)The petitioner claims that he is senior to all these respondents. He has, therefore, tiled the present petition under Art. 226/227 of the Constitution of India praying for issuance of a writ of mandamus directing respondent Nos. 1 and 2 to treat the petitioner as senior to respondents 3, 4, 5, 7, 10, 11 to 15 and 17 and to amend the seniority list Annexure 'Q' accordingly. He also prays that he be declared as confirmed Deputy Superintendent of Police with effect from 3-5-1970 and respondents Nos. 1 and 2 be directed to treat him as such.
(3.)The material facts on which the petitioner has based his claim are practically undisputed and may be stated as under.
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