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1998 Supreme(SC) 96

G.B.PATTANAIK, S.SAGHIR AHMAD
Sher Singh – Appellant
Versus
Surinder Kumar – Respondent


Judgment

S. Saghir Ahmad, J.-The appellants and respondents 1 to 7 are the employees of the Himachal Gramin Bank (for short, ‘the Bank’). In May-June, 1986, 30 posts of Field Supervisors, 15 of which were to be filled up by promotion from amongst the Clerks and 15 by direct re­cruitment, became available. In February 1987, a selection was held, in which 15 persons including the present appellants were selected and promoted to the posts of Field Supervisors. This selection was chal­lenged by respondents 1 to 7 by a Writ Petition in the High Court of Himachal Pradesh, which was allowed by the Single Judge on 10th Decem­ber, 1990. This decision was upheld by the Division Bench on 14th January, 1994. All persons including the present appellants filed S.L.P. No. 15559/1994 in this Court, and the Court by its Order dated 10th November, 1994 granted leave only to appellants 10 to 15, while leave was refused to appellants No. 1 to 9.

2. We have heard learned counsel for the parties, except the counsel for the Bank, who did not appear.

3. It is not disputed that the criterion for making promotion from the post of Clerk to that of Field Supervisor was seniority-cum-merit. On a consideration of













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