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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Pradeep Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. eligibility cut-off 01.01.2002; dpc recommended petitioner. (Para 2 , 3 , 4 , 7) |
| 2. state's inconsistent stands discriminatory against petitioner. (Para 5 , 11) |
| 3. 1% quota prospective at 100th roster point. (Para 6 , 8 , 9 , 10 , 12) |
| 4. undisputed: petitioner eligible, others promoted. (Para 13 , 14 , 15) |
| 5. must follow handbook 16.15 to reject dpc. (Para 16 , 17 , 18) |
| 6. cannot arbitrarily discriminate; equals treated equally. (Para 19 , 20 , 21 , 22 , 23) |
| 7. quash order; direct petitioner's promotion. (Para 24) |
JUDGMENT :
Jiya Lal Bhardwaj, J.
By way of present petition, the petitioner has prayed for following substantive relief:-
“(i) That impugned Annexure A-4 may kindly be quashed and set aside with further directions to the respondents to give appointment to the applicant who was recommended along with all other candidates in DPC held on 30.05.2003 with all consequential benefits of pay, seniority etc.”
2. Shorn of unnecessary details, the key facts of the case are that the petitioner was appointed as Junior Draughtsman in the year, 1997 with the respondents- Department and had acquired the qualification of AMIE in September, 1999. The respondent-Department forwarded
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