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1995 Supreme(SC) 530

B.L.HANSARIA, K.RAMASWAMY
Mohansingh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
ARUN JAITLEY, ASHWINI K.CHOPRA, Ayesha Khatri, G.K.BANSAL, Indu Malhotra, P.N.PURI, Ranbir Yadav

( 1 ) JUDGMENT:-LEAVE granted.

( 2 ) APPELLANT, Mohan Singh, was promoted as an Assistant on 20-10-1973 and was confirmed with effect from 13-10-1980. When vacancy in the post of Superintendent Grade-I arose on 27-11-1989 on promotion of one Gurdev Singh as Assistant Registrar, the Advocate General, Punjab promoted him as Superintendent Grade I. Calling that promotion in question, respondents Tarlok Singh and Deena Nath Singla filed C. W. P. No. 80/90 in the High Court which was allowed by the learned single Judge and L. P. A. No. 796/94 filed by appellant Mohan Singh was dismissed by a Division Bench by order dated 26-11-1994. Thus, these appeals by special leave.

( 3 ) THE only question is whether the appellant is entitled for promotion from the post of Assistant to the post of Superintendent Grade-I. Learned counsel for the respondents contended that the post which fell vacant on the promotion of Gurdev Singh was not reserved, it being the fifth post and, therefore, the appellant was not entitled to that post. We find no force in the contention. The chart at page 16 of the Paper Book (prepared on the basis of averments made in counter affidavit of the Advocate General filed in t






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