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1989 Supreme(HP) 116

P.C.BALAKRISHNA, DEVINDER GUPTA
PIAR CHAND – Appellant
Versus
H. P. PUBLIC SERVICE COMMISSION – Respondent


Advocates Appeared:
For the appellant(s)/petitioner(s):S/Sri R. K. Bawa and Rajiv Sharma, Advocates. For the respondent(s):Shri D. K. Khanna and Shri C. B* Barowalia, Advocates.

JUDGMENT

P. C. Balakrishna Menon, C. J.—Writ Petition No. 319 of 1990 relates to the conditions of service of Class ill employees under the first respondent, the H. P, Public Service Commission. The petitioners ten in number have challenged the seniority assigned to respondents Nos 2 to 4 in the cedre of Assistants in service of the first respondent The petitioners in Writ Petition No 320 of i989 challenge the appointment of the third respondent as Personal Assistant to the Secretary of the first respondent, H. P. Public Service Commission. Both these writ petitions, therefore, relate to the recruitment and conditions of service of Class III employees under the first respondent.

2. In the affidavit-in-reply filed by the FL P. Public Service Commission in Writ Petition in 320 of 89, a preliminary objection is raised relating to the maintainability of these petitions before this court under Article 226 of the Constitution. The disputes raised, according to the first respondent, are exclusively within the jurisdiction of the State Administrative Tribunal established under section 4 (2) of the Administrative Tribunals Act, 1985 (for short the Act).

3. The Constitution 42nd amendment Act 1














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