PC GUPTE Vs. DISTRICT DEVELOPMENT OFFICER

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to quash and set aside the impugned decision dated 19.12.1997 passed by the Additional Development Commissioner for and on behalf of the respondent No.2 in Appeal No. 47 of 1996 and also prayed to direct the respondents to fix the seniority of the petitioner at serial number above serial no. 23 in the seniority list of Senior Clerks, published by the respondents as on 13.12.1993 vide circular dated 13.12.1993 keeping in mind the deemed date of promotion being 18.04.1982 accorded to the petitioner while promoting the petitioner to the office of the Senior Clerk as on 28.07.1992.

(2.) THE facts in nutshell are as under:

(3.) LEARNED advocate for the petitioner submitted that order dated 09.07.1992 placing the petitioner at Serial No. 15(1) of Seniority List, has attained finality because it still remains unchallenged. Based on the same, the petitioner also got promotion to the post of Senior Clerk. He further submitted that the decision dated 09.07.1992 which has attained finality cannot be upset by giving retrospective operation to the Resolution dated 07.04.1995.