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2021 Supreme(HP) 8

SURESHWAR THAKUR, CHANDER BHUSAN BAROWALIA
High Court of Himachal Pradesh – Appellant
Versus
Prateek Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mr. Ramakant Sharma, Sr. Advocate with Mr. J.L. Bhardwaj, Advocate.
For the Respondent:Ms. Ranjana Parmar, Sr. Advocate with Mr. Karan Singh Parmar, Advocate. Mr. Hemant Vaid, Mr. Narender Guleria and Mr. Ashwani Sharma, Additional Advocate Generals with Mr. Vikrant Chandel, Dy. A.G.

JUDGMENT :

SURESHWAR THAKUR, J.

1. Through Annexure P-1, appended with CWP No.2464 of 2019, respondent No.1 was appointed, as, a Civil Judge (Junior Division), in the Himachal Pradesh Judicial Services. It is also not controverted amongst the contesting litigants that subsequent thereto, through Annexure P-3, he became confirmed against the afore post. However, during the currency of his service, as, Civil Judge (Junior Division), in the Himachal Pradesh Judicial Services, he sought leave to participate in the apposite recruitment process, as became initiated, for the advertised post of Assistant District Attorney, under the Government of Haryana. In pursuance to the afore leave being asked for by respondent No.1, the High Court of Himachal Pradesh granted, through, Annexure P-2, the afore sought for permission to him. A perusal of Annexure P-4 underscores that respondent No.1 was selected against the advertised post of Assistant District Attorney, in the prosecution department of the Government of Haryana, and, the offer of appointment made to him, became accepted by respondent No.1, leading the latter to tender through Annexure P-5, a technical resignation from the post of Civil Ju

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