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2019 Supreme(HP) 883

SURESHWAR THAKUR
Himachal Pradesh State Co-Operative Marketing And Consumers Federation Ltd. – Appellant
Versus
Bhupinder Desta – Respondent


Advocates:
Advocate Appeared:
P.P. Chauhan, Adv., H.K. Paul, Adv.

JUDGMENT :

SURESHWAR THAKUR, J.

1. The plaintiff, one Bhupinder Deshta's suit, for, rendition of a declaratory decree, for, setting aside the promotion meted, by co-defendant No.1, vis-a-vis, the arrayed junior, to, the plaintiff, stood dismissed, by the learned trial Court. However, in an appeal carried therefrom, by the aggrieved plaintiff, one Bhupender Deshta before the learned first appellate Court, the latter Court, though, set aside the promotion, bestowed, upon, the arrayed defendant(s), in, the apposite civil suit. However, it did not ipso facto, hence, accord, the, benefit of promotion, vis-a-vis, the plaintiff, rather rendered, a, finding qua it being more appropriate, for, the DPC, to, consider the case of the plaintiff, for, promotion, to, the aspired post. The defendant No.1 being aggrieved, by the afore verdict pronounced by the learned first appellate court, upon, Civil Appeal No. 18-S/13 of 2011, and, also co-defendant No.4 being aggrieved therefrom, both hence instituted, the, instant RSAs before this Court, respectively bearing RSA No.4304 of 2013, and, RSA No 375 of 2019.

2. Even though, RSA No. 375 of 2019, stands directed, by the aggrieved defendant No.4, one Pra

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