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2022 Supreme(HP) 53

MOHAMMAD RAFIQ, SABINA
S. C. Kainthla – Appellant
Versus
State of H. P. – Respondent


Advocate Appeared:
For the Appellant :MR. SHRAWAN DOGRA, MR. HARSH KALTA AND MR. TEJASVI DOGRA, ADVOCATES
For the Respondent:MR. ASHOK SHARMA, WITH MS. RITTA GOSWAMI, MR. K.D. SOOD, MS. SHALINI THAKUR, MR. R.L. SOOD, MR. ARJUN LALL, MR. BIPIN C. NEGI, MR. NITIN THAKUR, ADVOCATE

ORDER :

Both these Writ Petitions are founded on identical facts and raise common questions of law. They were, therefore, heard together and are being disposed of by this common judgment.

2. The petitioners have prayed for direction to the respondent Himachal Pradesh High Court to create cadre of Civil Judge (Senior Division) with effect from 01.07.1996 in accordance with directions of the Supreme Court in All India Judges Association vs. Union of India and Others, (2002) 4 SCC 247, and order of the Supreme Court dated 24.08.2016 passed in I.A. No. 334/2014 in W.P.(C) No. 1022/1989 and grant them all consequential benefits. Further prayer is made that the respondents be directed to follow the post based roster system with effect from 31.03.2003 in conformity with the report of its two-Judge-committee and declare the petitioners senior to the respondents No. 3 and 4 and grant all consequential benefits to them including one for consideration for elevation as Judges of this Court. Further prayer is made that seniority list circulated with effect from 01.01.2005, particularly seniority list dated 18.01.2018, showing petitioners junior to respondents No. 3 and 4, be quashed and set aside

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