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2020 Supreme(UK) 198

RAMESH RANGANATHAN, R.C.KHULBE
Sunita Pandey – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Shashank Pandey, Advocate, Hari Mohan Bhatia, Advocate, J.P. Joshi, Advocate, B.P.S. Mer, Advocate, C.D. Bahuguna, Advocate, A.K. Verma, Advocate

JUDGMENT

Ramesh Ranganathan, C.J. - These Writ Petition are listed before us pursuant to the order of the Supreme Court dated 27.01.2020, in Civil Appeal No.728, 729 and 730 of 2020 preferred by the State of Uttarakhand. While Civil Appeal No.728 of 2020 was preferred against the order passed by a Division Bench of this Court in Writ Petition (S/B) No.676 of 2018 dated 17.05.2019, Civil Appeal No.729 of 2020 was preferred against the order passed in Writ Petition (S/B) No. 297 of 2017 dated 24.09.2018, and Civil Appeal No.730 of 2020 was preferred against the order passed in Writ Petition (S/B) No. 326 of 2017 dated 24.09.2018.

2. In its order dated 27.01.2020, the Supreme Court observed that the crucial aspect raised by the State of Uttarakhand was whether the scenario in question was covered by Rule 6 or Rule 8 of the UTTARANCHAL GOVERNMENT SERVANTS SENIORITY RULES , 2002; this question was not examined in either of the petitions; and, while it was the case of the State Government that the recruitment in question was covered by Rule 8 and not by Rule 6, the private respondent sought to contend to the contrary. While making it clear that they were not commenting on the merits or d

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