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WP (C) 30 2016: in The Matter of Sushil Pradhan and Others - Versus-State of Sikkim and Others
WP (C) 30 2016: in The Matter of Sushil Pradhan and Others - Versus-State of Sikkim and Others
Sir/Madam
Enclosed please find herewith judgment passed by the Hon’ble High Court of Sikkim
on 25/1/2021; in the matter of Sushil Pradhan and others- Versus- State of Sikkim and
others. The High Court in its Judgment after considering the eternity of the facts of the
case has directed as under:
(a) The petitioners shall be accorded Seniority with effect from the date of their
officiating promotion i.e. 08.05.2008 as Accounts officers with all benefits of service;
(b) The consequent Seniority of the petitioners in their subsequent senior posts shall
be computed in terms of the directions supra;
(c) A Seniority list shall be prepared by the State Respondents on the above basis, to
rule out prejudice to the petitioners and ensure equity to all, thereby, toeing the line of
Articles 14 and 16 of the Constitution and thus satisfying the test of constitutionality;
(d) The Petitioner No.2 and 3 who have retired during the pendency of the instant
Writ petitioner are entitled to receive the same benefits as granted to the petitioners
herein, during their in service, for the purposes of their retirement benefits.
(e) No orders need be issued with regard to Respondents No.4, 5 and 6 in view of the
foregoing discussions pertaining to their promotions; they are at liberty to approach
the State-Respondents for redressal of any grievances.
As evident from the above, the High Court has given liberty to your goodself to
approach the State Government for redressal of any grievances based on the findings
for which your kind attention is drawn to Para 17(i) onwards.
Regards
To,
Sir/Madam
Your kind attention is drawn to the Vakalatnama executed by your goodself for
engagement of Counsel followed by preparation of reply individually and also 27
appearances before the Hon’ble High Court and the arguments advanced by the Senior
Counsel assisted by juniors in the subject matter; I am directed to enclose herewith
legal fees as under:
Regards
To,
Shri. Jag Bahadur Karki (9434409123)
Chief Accounts Officer
Agriculture Department
Government of Sikkim
To,
Smt. Lakpa Doma Bhutia
(Retired) Accounts Officer
Tathangchen, Gangtok, Sikkim