JUDGMENT

Anoop Chitkara, J. - After pronouncing dissenting verdicts, Ld. Division Bench could not state the points of difference in terms of clause 26 of Letters Patent, giving a cause to the 5th respondent to come up before this Court under Rule 5 of the APPELLATE SIDE RULES for the High Court of Himachal Pradesh read with Clause 26 of Letters Patent Constituting the High Court of Judicature at Lahore, and as made applicable to this Court, seeking to declare the reference to the third Judge as incomplete, and thus, return it for framing a proper reference on the points of difference between the divergent views, and in the alternative refer the matter to Hon'ble Chief Justice to pass necessary orders for constituting a full bench in terms of Rule 5 of APPELLATE SIDE RULES for the High Court of Himachal Pradesh.

2. The main question raised in the writ petitions relates to inter-se seniority dispute amongst three streams of Himachal Pradesh Higher Judicial Service, i.e.,

(i) The officers promoted on the basis of merit-cum-seniority under 50% quota (Appellant/Petitioner Mr. S.C. Kainthla);

(ii) The officers promoted on the basis of limited departmental competitive examination under 25