PRATEEK GUPTA Vs. STATE OF H. P.

JUDGEMENT

(1.) Being aggrieved with the order dated 22.08.2019 (Annexure P-10) issued/passed by respondent No.2, High Court of Himachal Pradesh, whereby it came to be conveyed to the petitioner that his request for permission to join the Himachal Pradesh Judicial Services against his lien to the post of Civil Judge (Junior Division)-cum-Judicial Magistrate Ist Class, shall not be accepted till the time he agrees to forego his seniority, petitioner has approached this Court in instant proceedings filed under Article 226 of the Constitution of India praying therein to quash and set aside the aforesaid communication being contrary to the provisions of law.

(2.) Precisely, the question which arises for consideration of this Court in the instant proceedings is "Whether on technical resignation seniority in the post held by government servant on substantive basis continues to be protected?"

(3.) Before exploring answer to aforesaid question certain undisputed facts, which may be relevant for adjudication of the case at hand are as under:-