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2007 Supreme(SC) 1789

H.K.SEMA, V.S.SIRPURKAR
State of Punjab – Appellant
Versus
Arun Kumar Aggarwal – Respondent


Advocates Appeared:
For the Appearing Parties :- Sarup Singh, L. Nageswara Rao, Dr. Rajeev Dhawan, N.C. Jain, P.S. Patwalia and Rajeev Dutta, Sr. Advocates with R.K. Pandey, Kuldip Singh, Sanjay Katyal, T.P. Mishra, Ms. Mahalakshmi Pavani, G. Balaji, Mrs. Amita Gupta, Deepak Sibal, Ejaz Maqbool, Vikash Singh, Ms. Taruna Singh, Abhijeet Sinha, Maninder Singh, Ms. Pratibha M. Singh, Vivek Chib, Sumeet Bhatia, Gaurav Sharma, Shikha Ray, B.V. Deepak, Irshad Ahmad, Ashok K. Mahajan and Arun K. Sinha, Advocates.

JUDGMENT :

H.K. Sema, J. - Leave granted.

2. All the aforesaid appeals are directed against the judgment and order dated 18.10.2005 passed by the High Court of Punjab and Haryana in several writ petitions. The High Court by its impugned order disposed of all the writ petitions by a common order.

3. Although the hearing of these appeals has engaged our attention for a considerable length of time and spread over for many days' arguments, the dispute to be resolved is ensconced in a narrow compass.

4. We have heard the parties at length.

5. The core questions that arise for determination are these :-

    (1) Whether any indefeasible right has been accrued to the diploma-holder (outstanding categories) for promotion to the post of SDO by virtue of being given current duty charge by an order dated 21.6.2001 and whether any cause of action arose by withdrawing the same by an order dated 22.6.2005.

    (2) Whether old 1941 Rules or new 2004 Rules which became effective from 9.7.2004 will be applied for filling up the vacancies which arose during 2000-01 under old 1941 Rules for promotion to the post of SDO (Irrigation Department) in the State of Punjab.

    Whether any indefeasible right has been accrued

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