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2022 Supreme(HP) 381

VIVEK SINGH THAKUR
Intzar, S/o Sh. Nikka – Appellant
Versus
State Of Himachal Pradesh Through Its Chief Secretary, Government Of HP, Shimla – Respondent


Advocates Appeared:
For the Petitioners:Shri Sanjeev Bhushan, Senior Advocate With Shri Jeevan Kumar, Advocate, Shri Deven Khanna, Advocate
For the Respondents:Shri Ashok Sharma, Advocate General With Mr. Raju Ram Rahi, Deputy Advocate General for R- 1 To R-4, Shri Narender Sharma Advocate Vice Shri Tek Chand Sharma and Shri K.C. Sankhyan, Advocates for R-5 to R-8, and R16 TO R20, Shri Digvijay Singh, Advocate for R-9 to R-15, Shri Narender Sharma, Advocate for R-21 to R-23, Ms. Archana Dutt, Advocate for R-24 to R28.

JUDGMENT :

1. These petitions involving common questions of facts and laws, are being decided by this common judgment.

2. Petitioners, serving as Forest Guards in Forest Circle, Nahan, District Sirmaur and Forest Circle Shimla, District Shimla have approached this Court against impugned directions contained in communication dated 8th August, 2019 (Annexure P-12 in CWP No 2765 of 2019 and Annexure P- 20 in CWP No. 3077 of 2020) issued by Principal Chief Conservator of Forest (Pr.CCF) (HOFF), Himachal Pradesh to all Chief Conservator of Forest (CCFs)/Conservator of Forest (CFs) (T&WL) in Himachal Pradesh whereby direction has been issued for recasting the seniority of Forest Guards for their promotion to the posts of Deputy Ranger (State Cadre), as per the merit gained in Direct Recruitment/Limited Direct Recruitment process in order to prepare/draw State Level Panel of eligible Forest Guards after holding DPC at Circle level.

3. Plea of petitioners is that aforesaid instructions/directions have been issued on the basis of order dated 13.2.2019, passed by the Erstwhile H.P. State Administrative Tribunal in OA No. 584 of 2019 titled Kushal Chand vs. State of HP, which is not applicabl

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