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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Yashpal Dhiman – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition challenges seniority downgrade after retrospective sc promotion (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. final list violates natural justice, court order (Para 9 , 10) |
| 3. catch-up rule restores general seniority over reserved (Para 11 , 12 , 13 , 14) |
| 4. undisputed: petitioner junior in entry grade je (Para 15 , 16 , 17) |
| 5. ajit singh ii upholds catch-up against consequential seniority (Para 18 , 19 , 20) |
| 6. no auto consequential seniority without explicit rules (Para 21 , 22 , 23 , 24) |
| 7. final list correctly applies 1997 catch-up instructions (Para 25 , 26 , 27) |
| 8. petition dismissed upholding final seniority list (Para 28 , 29) |
JUDGMENT :
Jiya Lal Bhardwaj, J.
By way of present petition, the petitioner has prayed for the following substantive reliefs:-
“(a) That the entire record pertaining to the instant case may kindly be summoned and subjected to scrutiny by this Hon’ble Court.
(b) That this Hon’ble Court may kindly be pleased to issue a writ in the nature of certiorari, quashing the final seniority list appended along with the memorandum dated 09th July, 2012 (Annexure P-6) with all consequences.
(c) That this Hon’ble Court may very kindly be pleased to issue a writ
General category candidates senior in feeder cadre regain inter se seniority over earlier promoted reserved category roster-point promotees in higher cadre via catch-up rule, absent rules for consequ....
The main legal point established in the judgment is that reservation in promotion and seniority is applicable based on the rules and classification of posts, and not all posts are covered under reser....
Point of Law : 10. Court should not embark upon on and enquiry into the merits of the case and that writ petition should be dismissed on the ground of laches alone.
Promotions on seniority-cum-merit basis require using final seniority list of feeder cadre from immediately preceding year; initial joining date irrelevant; non-speaking orders invalid; settled lists....
The main legal point established in the judgment is the application of the catch-up rule for seniority determination in the absence of specific provisions for consequential seniority in the service r....
The court established that seniority must be determined by the date of first appointment, and settled seniority cannot be revised after a significant delay.
The main legal point established in the judgment is that the seniority list should be prepared based on the existing orders in force during the relevant period, and the court may consider revising se....
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