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1991 Supreme(HP) 87

HARI SINGH, M.G.CHITKARA
MADAN LAL SHARMA – Appellant
Versus
STATE OF H P. – Respondent


Advocates Appeared:
For the petitioner:D. K Khanna, Advocate. For the respondents No. 1 and 2:H. K Paul, Assistant Advocate General, For the respondents No, 3 to 5:Deepak Gupta, Advocate

JUDGMENT

M.G. Chitkara, Member J.—Civil Writ Petition No. 261/83, was filed by various Lecturers (College Cadre) under the Government of Himachal Pradesh in the Himachal Pradesh High Court which has been transferred on 29-9-1986 to the Himachal Pradesh Administrative Tribunal under section 29, sub-section (1) of the Administrative Tribunals Act, 1985, and as such the same is treated as an application under section 19 of the Administrative Tribunals Act.

2. The applicants in the petition under Article 226 of the Constitution of India have prayed for quashing the order contained in secret letter dated May 16, 1983 whereby the applicants were treated as fresh entrants in Government service on the taking over of S. D. B. College on September 15, 1977.

3. The facts relevant for the decision of the application are briefly enumerated as follows: A Degree College known as Rana Padam Chandra Sanatan Dharam College, Shimla, affiliated to the Punjab University and recognised by Punjab Government, was set up at Shimla. After the partition of country in the year 1947 another Degree College known as Bhargava Municipal College was set up in Shimla, In the year 1957 on the amalgamation of aforesaid















































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