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2022 Supreme(HP) 89

MOHAMMAD RAFIQ, JYOTSNA REWAL DUA
Bhushan Lal Sharma, S/o. Shri Dule Ram Sharma – Appellant
Versus
State of Himachal Pradesh, through Secretary (IPH) – Respondent


Advocates Appeared:
For the Appellant : Smt. Devyani Sharma.
For the Respondents:Sh. Ashok Sharma, Advocate General with Sh. Vikas Rathore, Additional Advocate General, Sh. Sunil Mohan Goel, Sh. Goverdhan Sharma.

ORDER :

Jyotsna Rewal Dua, J.

Two separate writ petitions bearing CWP(T) Nos. 6340 & 11665 of 2008 were filed by S/Sh. Bhushan Lal Sharma & Ajay Sharma respectively, questioning the selection/appointment of S/Sh. Rajesh Kumar, Rakesh Rana and Sumit Sood as Assistant Engineers (Civil) [hereinafter referred as AE(C)] in the respondent Irrigation & Public Health Department. These writ petitions were partly allowed by the learned Single Judge on 03.10.2012. It was noticed in the judgment that Sh. Rajesh Kumar had not joined the post in question. Selection of Sh. Rakesh Rana was set aside, whereas selection of Sh. Sumit Sood was upheld in the judgment. Against the resultant two vacancies created because of non-joining of Sh. Rajesh Kumar and setting aside the selection of Sh. Rakesh Rana, the respondent-department was directed to call for the names of next two meritorious candidates. As a consequence of implementing the judgment passed by the learned Single Judge, Sh. Ajay Sharma-the petitioner in CWP(T) No. 11665/2008 and one Sh. Anand Blouria, next in the order of waiting list, were issued the appointment orders. Sh. Bhushan Lal Sharma, [Petitioner in CWP(T) No. 6340/2008] at serial No.

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