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JYOTSNA REWAL DUA
Ajay Anand @ Dole Ram – Appellant
Versus
State of HP – Respondent
JUDGMENT :
JYOTSNA REWAL DUA, J.
CMP No. 4386 of 2023
1. This application under Order 1 Rule 10 of Code of Civil Procedure has been moved on behalf of one Sh. Tarsem Kumar Prashar for being impleaded as party respondent to the writ petition. Reply to the application has been filed only by respondent Nos. 1 to 3.
2. Looking into the pleadings of the writ petition, wherein reference to an earlier litigation instituted by Sh. Tarsem Kumar Prashar has been made and taking into consideration the factual averments made in the writ petition as well as grounds taken therein for seeking relief, I am of the consider view that interest of justice would be served in case the applicant is permitted to intervene in the matter. Ordered accordingly. The application to stand disposed of.
CWP No. 3894 of 2020
3. With the consent of learned counsel for the parties, the matter is taken up for disposal at this stage.
4. The petitioner seeks a direction to the respondents to fill up the post of Assistant Controller (Printing Offset) in accordance with old Recruitment & Promotion Rules (R&P Rules in short) of the year 2002 and in terms of advertisement dated 06.04.2017.
5. Facts of the case are as under:
A candidate has a right to be considered in light of existing rules, which implies “rule in force” as on date consideration takes place.
The right for promotion has to be considered only in the light of the existing rules in force on the date of consideration to the next level of promotion.
Post of Senior Clerk/Assistant Treasury Accountant Qualifications - It is settled law that there is no legal right vested in candidates to be selected for appointment - Selected candidates have only ....
Recruitment - plea raised by the petitioners is fallacious - As mere acquiring of qualification at a relevant point of time cannot give rise to an expectation, much less, legitimate expectation of ap....
Vacancies arising under older rules are not necessarily filled by those rules when new recruitment rules have been promulgated, barring vested rights.
No vested right to promotion under repealed rules post-cadre merger; vacancies filled per rules in force at DPC consideration date. Backlog vacancies carried forward treated under new 70:30 direct-pr....
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