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1999 Supreme(SC) 1027

M.B.SHAH, R.P.SETHI
Balbir Singh – Appellant
Versus
State Of H. P. – Respondent


Judgment

Sethi, J.-The appellant was promoted, on adhoc basis, as Junior Engineer vide orders dated 21st July, 1986. He was promoted as Junior Engineer on officiating basis vide orders dated 2nd July, 1988. The Engineer-in-Chief Himachal Pradesh P.W.D. directed his reversion to the Electrician Grade-I, the post held by him before his promotion. Feeling aggrieved, the appellant approached the Himachal Pradesh Administrative Tribunal, Shimla (hereinafter referred to as “the Tribunal”) for quashing the impugned orders. The claim of the appel­lant was resisted by the respondents on the ground that his promotion was erroneously made by way of reservation for a Scheduled Tribe candidate under the mistaken belief that such reservation was permis­sible for promotion from Electrician Grade-I to the cadre of Junior Engineer (Electrical). After finding that no reservation was permissi­ble under the Rules and instructions relating to reservation of Sched­uled Castes/Tribes, the order was rectified and the appellant was reverted to his original post. The petition was dismissed by the Tribunal vide the impugned order herein, hence this appeal.

2. It is admitted that promotions and appointments of








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