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2018 Supreme(P&H) 3649

MAHESH GROVER, RAJ SHEKHAR ATTRI
Ramphal Dangi – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Shri Anupam Gupta, Senior Advocate with Shri Ashok Kumar, Advocate, for the Petitioners No. 3 and 6 in CWP No. 2625 of 2012 and CWP No. 13506 of 2011; Shri J.K. Goel, Advocate, for the Petitioner in CWP No. 2564 of 2016; Shri Y.P. Malik, Advocate, for the Petitioner in CWP No. 19841 of 2013; Shri Saurabh Bajaj, Advocate, for the Petitioners in C.W.P. No. 19841 of 2013; Shri Sunil Nehra, Advocate, for the Applicant in C.M. No. 13811-CWP of 2015; Shri Lokesh Sinhal, Additional A.G. Haryana, for the Respondent; Shri R. Kartikeya, Advocate, for the Respondents No. 3 to 5

JUDGMENT

Mahesh Grover, J. —By this order we will dispose of C.W.P. Nos.2625 of 2012, 13566 of 2011, 19841 of 2013, 2564 and 18941 of 2016.

2. For the sake of convenience, brief facts have been taken from C.W.P. No.2625 of 2012.

3. The writ petitions have been filed questioning some of the provisions of the Haryana Civil Service of Engineers, Group A, Public Health Engineering Department Act, 2009 (herein after referred to as the Act) in particular, 3rd proviso to Section 9 and the impact of the rules on inter-se seniority and prospects of promotion.

4. As far as the individual grievances are concerned, they flow from the action of the respondents by applying the rules to determine their seniority and adversely affect their chances of promotion with reversion as a consequence in some of the cases.

5. Since the principal challenge is to the provisions of the Act, it would be essential to determine this issue in the first instance before commenting on the Act of the State and its impact on the petitioners' claim for seniority and promotion. An identical challenge has been mounted

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