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2022 Supreme(HP) 608

SANDEEP SHARMA
Deepak Raj Anand Son of Mohan Lal – Appellant
Versus
State of Himachal Pradesh Through Secretary (Health)-Cum-Food Commissioner – Respondent


Advocate Appeared:
For the Petitioner:Mr. Nimish Gupta, Advocate
For the Respondent:Mr. Ajay Vaidya, Senior Additional Advocate General, Mr. Vikrant Thakur, Advocate, Mr. Dilip Sharma, Senior Advocate With Mr. Manish Sharma And Pankaj Sharma, Advocates

ORDER :

Since common question of law and facts is involved in both these petitions, same are being taken up together for hearing and disposed of by way of common judgment.

2. For the sake of brevity, facts of CWP No. 1536 of 2019 are being discussed herein after.

3. Being aggrieved and dissatisfied with condition imposed under newly framed Recruitment & Promotion Rules, 2014, for the post of Designated Officer, Gezetted, Class-I in the Department of Health and Safety and Regulation, Himachal Pradesh (Annexure A-2), which stipulates that 50% of the posts of Designated Officer are to be filled up by direct recruitment and 50% by way of promotion, petitioners herein, who were initially appointed as Food Inspector and subsequently, re-designated as Food Safety Officer, in the department of Health, Himachal Pradesh, approached the erstwhile HP State Administrative Tribunal by way of Original Application No. 4627 of 2015, which on account of abolishment of the Tribunal now stands transferred to this Court for adjudication and has been registered as CWPOA No. 1536 of 2019, praying therein for following relief:-

    “A) That this Hon’ble Tribunal may kindly be pleased to quash and set-aside the Ad

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