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2006 Supreme(SC) 1437

H.K.SEMA, A.R.LAKSHMANAN
State of U. P. – Appellant
Versus
Roshan Singh – Respondent


JUDGMENT :

H.K. Sema, J.

All these appeals, arise out of the similar facts, are being disposed of by this common order. For the sake of brevity, we take facts from C.A. Nos. 7340-7341/2003. Briefly stated the facts are as follows:

2. The respondents Roshan Singh and three others were working as Co-operative Supervisors under the Co-operative Department. According to the relevant "Rules the post of Co-operative Supervisor is a non-Governmental post. They retired from service on 31.5.1996, 31.1.1996, 31.1.1997 and 31.1.1996 respectively. They filed Writ Petition No.3947(SS) of 1997 seeking promotion to the post of Co-operative

3. 2 Inspector, Group-II(Governmental Post) with effect from 7.4.1978 on the ground that on the same date the persons who were juniors to them had been promoted. Learned Single Judge allowed the writ petition by an order dated 24.8.2000 following the decision rendered in Bengali Prasad Sharma's case decided on 3.5.1995 in Writ Petition No.13240(SS) of 1990. In Bengali Prasad's case he had filed Writ Petition No.13240(SS) of 1990 while he was in service. It is also not disputed fact that Bengali Prasad was holding the post of Co-operative Inspector, Group-II which i

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