STATE OF UTTARAKHAND Vs. RAJENDRA SINGH ARYA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by Special Leave arises from the judgment and final order dated 19th of August, 2006 passed by the High Court of Uttaranchal at Nainital in Writ Petition No. 258 (SB) of 2006 whereby the High Court had allowed the Writ Petition of the Respondent No.1, relying upon the law laid down by the High Court of Allahabad, Lucknow Bench in the case of In Re : Suresh Chandra Sharma and Anr. vs. State of Uttaranchal and Ors., (2002) 1 UPLBEC 18, in which it was held that an incumbent shall be allowed seniority with all consequential benefits from the year of allotment by the State Public Service Commission.

(3.) At this stage, be it mentioned that the High Court by its impugned order, allowing the Writ Petition had observed the following :