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1998 Supreme(HP) 114

KAMLESH SHARMA, SURINDER SARUP
STATE OF HIMACHAL PRADESH – Appellant
Versus
BALJEET SINGH RAJPAL – Respondent


Advocates Appeared:
Mr. Sanjay Karol, Advocate General, for the Petitioner; Mr. H.M. Sharma, Advocate, Mr. K.D. Shreedhar, Advocate, Mr. Lokinder Thakur, Advocate, for the Respondents 1 to 3, 4 to 10 and 12 to 14, 11.

JUDGMENT

Ms. Kamlesh Sharma, A.C. J.—This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the State of Himachal Pradesh to challenge the following interim order passed by Himachal Pradesh Administrative Tribunal while allowing Review Petition No. 49/97 and setting aside its order dated 27.3.1998 passed in Original Application No. 323/89:— “In the meanwhile, it is ordered that none of the seniority lists under dispute be given effect to till the decision of the original application."

2. In Original Application No. 323/89, respondents 1 to.3 were the applicants, whereas, the State of Himachal Pradesh and respondents 4 to 18 were party respondents. The said Original Application was finally disposed of on 3.11.1997 with the following directions:— (i) Recruitment and Promotion Rules notified vide notification dated November 12, 1976 Annexures P-18 and P-19 insofar as these were made retrospective by para 3 of the notification were quashed and were declared prospective. (ii) The seniority list circulated vide Annexures P-20 and P-21 dated 7.7.1988 was also quashed. (iii) The State of Himachal Pradesh was directed to implement the judgment of the Hig






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