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2019 Supreme(SC) 426

L.NAGESWARA RAO, M.R SHAH
Shriram Tomar – Appellant
Versus
Praveen Kumar Jaggi – Respondent


Advocates Appeared:
For the Appellant :Mr. R.S. Hegde, Advocate, Mr. Farhat Jahan Rehmani, Advocate and Mr. Rajeev Singh, Advocate
For the Respondent:Mr. Kunal Verma, Advocate, Mrs. Yugandhara Pawar Jha, Advocate, Mr. Piyush Bhardwaj, Advocate, Mr. M. C. Dhingra, Advocate, Mr. Vishal Prasad, Advocate, Mr. K.P. Prasad, Advocate, Ms. Ritika Sethi, Advocate, Mr. Satish Vig, Advocate, Mr. Shiv Sagar Tiwari, Advocate, Ms. Babita Jha, Advocate, Mr. S.K. Dey, Advocate

JUDGMENT

M.R. Shah, J.

Leave granted.

2. As common question of law and facts arise in this group of appeals, and as such they arise out of the impugned common judgment and order passed by the High Court, all these appeals are being decided and disposed of by this common judgment and order.

2.1 All these appeals arise out of the impugned common judgment passed by the Division Bench of the High Court of Judicature at Jabalpur (Madhya Pradesh) passed in Writ Appeal Nos. 1510/2007, 1509/2007, 1508/2007, 1511/2007 and 1535/2007, by which the Division Bench of the High Court dismissed the said appeals, however, while dismissing the said appeals, modified the order passed by the learned Single Judge and directed that instead of preparing a fresh select list, the establishment would conduct the fresh exercise for promotion, and further directed that the establishment would be obliged to prescribe minimum necessary cut off merit marks out of 100 so that the rule of seniority-cum-merit is made applicable.

3. The facts leading to the present appeals in nutshell are as under:

The dispute is with


























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