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2021 Supreme(HP) 7

ANOOP CHITKARA
Rajeev Bhardwaj – Appellant
Versus
State of H. P. – Respondent


Advocate Appeared:
For the Appellants :Mr. R.K. Bawa, Sr. Advocate with Mr. Ajay Kumar
Sharma, Advocate Mr. Shrawan Dogra, Sr. Advocate with Mr. Harsh Kalta and Mr. Deepak Sharma, Advocates for appellant
For the Respondents:Mr. Nand Lal Thakur, Additional Advocate General Mr. K.D. Sood, Sr. Advocate with Ms. Shalini Thakur, Mr. R.L. Sood, Sr. Advocate with Mr. Arjun Lall, Mr. B.C. Negi, Sr. Advocate with Mr. Nitin Thakur, Advocate

JUDGMENT :

ANOOP CHITKARA, J.

1. “It cannot be, there is no power in Venice

Can alter a decree established.

’Twill be recorded for a precedent,

And many an error by the same example

Will rush into the state. It cannot be.”

- Shakespeare, (Portia, in The Merchant of Venice).

2. Given the difference of opinion amongst two Hon’ble Judges of this Court, while deciding the Letters Patent Appeals, Hon’ble the Chief Justice referred both the Intra Court Appeals to this Court as a third Judge and since both the appeals challenge the common judgments, hence are being taken up together.

3. The appellants/petitioners, who were appointed in the cadre of District Judges/Additional District Judges, by limited competitive examination and by promotion respectively, had come up before this Court seeking seniority following the post-based roster, from the date of their appointments, by pushing down the direct recruits below them, because at the time of the appointments of direct recruits, which was prior in time, no posts existed in their category, and thus the appellants were deemed to have been appoi

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