SONA DEVI Vs. STATE OF H P

JUDGEMENT

(1.) THE petition has been filed on the following prayers vide para 7 (i) and (ii) :

(2.) IN the reply, filed on behalf of respondent, the following stand has been taken vide para 6 (i) :

(3.) SOME of the undisputed facts may be noticed first. Admittedly, the petitioner who belongs to Scheduled Tribe had joined the employment of the respondents, particularly respondent No.2 as Clerk in the year 1981. Thereafter, she was promoted as Senior Assistant in 1986. It is also not in dispute that on the basis of her seniority the petitioner became eligible for promotion to the post of Superintendent Grade-II. However, in the mean while the Scheduled Tribe Certificate issued in favour of the petitioner came to be cancelled by an order dated 9.9.1996 Annexure A-1 passed by the District Magistrate, District Sirmour, Nahan. Being aggrieved by the said order the petitioner filed a Civil Suit in the Court of learned Senior Sub Judge, Sirmour District Nahan which was decreed vide judgment and decree dated 4.5.1999, Annexure A-2, which in appeal at the instance of the respondents were upheld by the learned District Judge Sirmour at Nahan, vide judgment dated 6.3.2000, Annexure A-3, and the same has admittedly attained finality.