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2021 Supreme(HP) 573

JYOTSNA REWAL DUA
MAN SINGH S/O LATE SH. GOVIND RAM – Appellant
Versus
STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (ECONOMICS AND STATISTICS) TO THE GOVT. OF H. P. SHIMLA – Respondent


Advocates Appeared:
For The Appellant :MS. KIRAN DHIMAN, ADVOCATE
For The Respondent:SH. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERAL WITH SH. VIKRANT CHANDEL DEPUTY ADVOCATE GENERAL AND SH. SUNNY DHATWALAI, ASSISTANT ADVOCATE GENERAL, SMT. RANJANA PARMAR, SENIOR ADVOCATE WITH SH. KARAN SINGH PARMAR, ADVOCATE

ORDER :

Whether post of Superintendent Grade-II against which respondent No. 4 (Neelam Patial) was promoted on 31.10.2014 fell at roster point No. 5 or 7 of the 13 point roster followed by the respondents, is the question to be determined in these two petitions. In case the post in question fell at roster point No. 7, then it was to be filled up by promotion from an eligible person belonging to scheduled caste category. In that eventuality, the petitioner in CWPOA No. 6450 of 2019 (Man Singh) would succeed. However, if it was roster point No. 5, then promotion of respondent No. 4 (petitioner in CWPOA No. 5342 of 2019) as Superintendent Grade-II on 31.10.2014 belonging to general category would be saved. Both these writ petitions involve overlapping facts and common issues, hence, are taken up together for decision. For convenience, facts and documents from CWPOA No. 6450 of 2019 are being referred hereinafter.

2. Facts

    2(i) The petitioner (Man Singh) was promoted to the post of Senior Assistant in the year 1999. The next promotional post from the post of Senior Assistant is that of Superintendent Grade-II.

2(ii) Admittedly, the respondents are following 13 point roster for filling up t

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