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1998 Supreme(SC) 152

G.B.PATTANAIK, S.SAGHIR AHMAD
Vimal – Appellant
Versus
State Of Haryana – Respondent


Judgment

S. Saghir Ahmad, J.-This appeal is directed against the judgment and order dated 25.4.1994 of the High Court of Punjab and Haryana by which the writ petition filed by respondents 3 and 4 challenging the promo­tion of the present appellant on the post of Superintendent was al­lowed.

2. The appellant was appointed as Tailoring Instructor in 1983. On 31.5.1991, she was promoted to the post of Superintendent. Respond­ents 5 to 9 were also promoted to that post. Their promotions were challenged by respondents 3 and 4 on the ground that they being eligi­ble for promotion to the post of Superintendent should also have been considered first and should have been promoted in place of the appel­lant and respondents 5 to 9, as they were Graduates and were, there­fore, eligible for such promotion in terms of the Draft Rules, known as “Haryana Social Welfare and Relief Organisation Service Group `C’ Rules, 1983.”

3. The High Court by the impugned judgment accepted the claims of respondents 3 and 4 and held that respondents 3 and 4 being Graduates and eligible in terms of the Draft Rules ought to have been promoted in place of the appellant and other respondents who were promoted only on ad











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