HARISH NAITHANI S/O BHAGIRATH PRASAD NAITHANI Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-11-85
HIGH COURT OF UTTARAKHAND
Decided on November 22,2012

Harish Naithani S/O Bhagirath Prasad Naithani Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) By this writ petition, the petitioner has challenged the seniority list dated 6th May, 2003, annexure-2 to the writ petition, and also asked for a writ of mandamus commanding the respondents to count the services rendered in Circle Office in equivalent post for the purpose of seniority.
(2.) The short fact of the case is that the petitioner was appointed to the post of Junior Clerk at 36, Circle Office, Public Works Department on 11th August, 1995. Thereafter, the petitioner made an application for absorption in the office of Chief Engineer, Level-II, Public Works Department, Garhwal Region, Pauri Garhwal. The Department accepted this application and the petitioner was absorbed in the office of the Chief Engineer, Garhwal Region, Pauri Garhwal on 31st December, 2001. Therefore, it is clear that the petitioner opted to shift himself from his original department.
(3.) In the counter affidavit, it is stated that the petitioner has given an undertaking at the time of 2 absorption in the latter department that he would not claim for seniority and, on the basis of such an undertaking, the office order was issued on 31st December, 2001. In paragraph 6 of the counter affidavit, it is stated that the petitioner joined the services of the Junior Clerk in the office of Chief Engineer, Level-2, Garhwal Region, Pauri on 31st December, 2001 on his own request knowing that services rendered by him shall not be counted towards his seniority as per Rules known as "Sarvajanik Nirman Vibhag Lipik Vargiya Adhishthan Niyamawali, 1965.";


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