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2022 Supreme(HP) 201

MOHAMMAD RAFIQ, SANDEEP SHARMA
Himachal Pradesh Staff Selection Commission, Through Its Secretary – Appellant
Versus
Rajesh Chauhan, S/o. Sh. Gopi Chand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Raj Kumar Negi.
For the Respondent:Mr. Sunil Mohan Goel, Ms. Rita Goswami, Additional Advocate General.

ORDER :

By way of instant writ petition filed under Article 226 of the Constitution of India, challenge has been laid to order dated 14.12.2017, passed by the erstwhile HP State Administrative Tribunal in OA No. 3340 of 2017 titled Rajesh Chauhan v. State of HP and Ors. (Annexure P-1), whereby the erstwhile HP State Administrative Tribunal (“in short the Tribunal” ) while allowing the Original Application having been filed by the petitioner (respondent No.1 herein), directed the Commission through Secretary to consider the case of the petitioner for change of category from General to Scheduled Caste (Unreserved) in terms of order dated 2.11.2017, passed by the Tribunal in TA No. 3825 of 2015 and the report of its Internal Committee (extract Annexure A-12). The Tribunal further ordered that in case respondent-petitioner is successful in the process for appointment to the post of Junior Office Assistant, further action be taken by making requests to respondent No.1-State for creation of supernumerary post as expeditiously as possible, but in any case not later than thirty days from the date of production of the certified copy of the order.

2. Precisely, the facts of the case as emerge

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