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2008 Supreme(HP) 475

R.B.MISRA, SURJIT SINGH
Dharam Pal – Appellant
Versus
State of H. P. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Jyotsna Rewal Dua, Adv.
For Respondents/Defendant:P.K. Sharma, Additional Adv. General, for the Respondent No. 1.

JUDGMENT

Surjit Singh, J.

1. This writ petition, under Articles 226 and 227 of the Constitution India, is directed against the order dated 2nd July, 2003 of H.P. State Administrative Tribunal, whereby Original Application filed by the writ Petitioner has been dismissed. Prayer has been made for quashing the said order, by exercising the power of judicial review of this Court and granting the relief sought by the writ Petitioner, in the Original Application No. 3551 of 2000.

2. Relevant facts, which are admitted by both the sides, may be noticed. There is a cadre of Senior Law Officers in the Law Department of the State of Himachal Pradesh. It consists of three posts. Appointments to the cadre are made by promotion from the cadre of Law Officers. All the three posts in the cadre of Senior Law Officers had been filed. One post fell vacant on 31st August, 2000, on retirement of one Shri Krishan Chand Verma, who belonged to Scheduled Tribe category. Writ Petitioner, who belongs to Scheduled Caste category, made representation that he be considered for appointment against the said vacancy, on account of his belonging to reserved category of Scheduled Caste, because the post was earlier als




















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