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2022 Supreme(SC) 484

UDAY UMESH LALIT, PAMIDIGHANTAM SRI NARASIMHA, S. RAVINDRA BHAT
State of Himachal Pradesh – Appellant
Versus
Raj Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant(s) : Mr. Abhinav Mukerji, AOR CA 9746/2011 Mrs. Bihu Sharma, Adv. Ms. Pratishtha Vij, Adv. Mr. Akshay C. Shrivastava, Adv. CA 9747/2011 Mr. Umang Shankar, AOR Mr. Pranav Arora, Adv. CA 9747/2011 Mr. Ramjee Pandey, AOR CA 9747/2011 Mr. Akshay Amritanshu, Adv. Mr. Kartikey Singh, Adv. Mr. Ashutosh Jain, Adv. Mr. Ankit Kumar Lal, AOR
For the Respondent(s): Mr. Vishal Sharma, Adv. CA 9746/2011 Mr. Prasanjit Keswani, Adv. Mr. Mahesh Kumar, Adv. Mr. Nikhilesh Kumar, Adv. Ms. Devika Khanna, Adv. Mrs. V.D. Khanna, Adv. Mr. VMZ Chambers, AOR CA 9746/2011 Mr. Umang Shankar, AOR CA 9746/2011 Mr. Akshay Amritanshu, Adv. Mr. Kartikey Singh, Adv. Mr. Ashutosh Jain, Adv. Mr. Ankit Kumar Lal, AOR For Intervenor Ms. Divya Roy, AOR in CA 9746/2011 CA 9747/2011 Mr. Abhinav Mukerji, AOR CA 9747/2011 Mr. Varinder Kumar Sharma, AOR

JUDGMENT :

PAMIDIGHANTAM SRI NARASIMHA, J.

1.1 These appeals arise out of the decision of the High Court of Himachal Pradesh allowing the writ petition and directing the State to consider the case of the writ petitioners, Respondents no. 1 to 3 herein, for promotion under Rules that existed when the vacancies arose and not as per the subsequently amended rules. These directions were based on the decision of this Court in the case of Y.V. Rangaiah vs. J. Sreenivasa Rao, (1983) 3 SCC 284. As we noticed a number of decisions of this Court that have followed Rangaiah, and far more decisions that have distinguished it, we had to examine the issue afresh. The question is whether appointments to the public posts that fell vacant prior to the amendment of the Rules would be governed by the old Rules or the new Rules. After examining the principle in the context of the constitutional position of services under the State, and having reviewed the decisions that have followed or distinguished Rangaiah in that perspective, we have formulated the legal principles that should govern services under the State. Applying the said principles, we have held that the broad proposition formulated in Rangaia

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