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Judgment
V. Ajay Kumar, J
The applicant filed the OA, seeking the following reliefs:-
"(a) To call for the records of the case.
(b) To direct the respondent No.1 to grant promotion to the applicant to the posts of ASI and SI from the effective date of promotion of respondents Ns.2, 3 and 4, in order to ensure that aforementioned respondents are not granted deemed seniority above the applicant.
(c) To direct the respondent No.1 to place the applicant as per his seniority and promote to the post of Chief Sanitary Inspector at par with respondent Nos. 2, 3 and 4 and grant all consequential benefits since the date of appointment.
(d) Pass any other relief (s) which this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the case".
Heard Ms. S.D. Raman, the learned counsel for the applicant and Shri R.K. Shukla, the learned counsel for respondent No.1 and Shri M.S. Saini, the learned counsel for respondents No.2 and 3 and Shri Upjeet Singh for Mrs. Meenu Maine, the learned counsel for respondent No.4 and perused the pleadings on record.
Though the applicant sought for promotion to the post of Assistant Sanitary Inspector and Sanitary Inspector from the date of promotion of respondents No.2 to 4, but failed to show how he is entitled for the said relief. The applicant also failed to show that the respondents No.2 to 4 are juniors to him at the relevant time in the relevant post and thereby he is entitled for promotion to the said posts with effect from the date of their promotion.
The applicant, though claims that respondents No.2 to 4 were his juniors, but not filed any seniority list to prove the said fact. On the other hand, it is his specific case that, the respondents No.2 to
4 were placed above the applicant in the seniority list. It is also not his case that he challenged the seniority position of the respondents No.2 to 4, at any time, by filing any OA.
The submission of the applicant's counsel that the representation made by the applicant may be directed to be considered by the respondents, cannot be considered at this stage as the respondents have already denied the claim of the applicant in the counter filed in the OA and the applicant failed to counter the same with any valid reasons.
In the circumstances and for the aforesaid reasons, we do not find any merit in the OA and accordingly the same is dismissed. No costs.