MAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Whether post of Superintendent Grade-II against which respondent No. 4 (Neelam Patial) was promoted on 31/10/2014 fell at roster point No. 5 or 7 of the 13 point roster followed by the respondents, is the question to be determined in these two petitions. In case the post in question fell at roster point No. 7, then it was to be filled up by promotion from an eligible person belonging to scheduled caste category. In that eventuality, the petitioner in CWPOA No. 6450 of 2019 (Man Singh) would succeed. However, if it was roster point No. 5, then promotion of respondent No. 4 (petitioner in CWPOA No. 5342 of 2019) as Superintendent Grade-II on 31/10/2014 belonging to general category would be saved. Both these writ petitions involve overlapping facts and common issues, hence, are taken up together for decision. For convenience, facts and documents from CWPOA No. 6450 of 2019 are being referred hereinafter.

(2.) Facts

(3.) I have heard learned counsel for the petitioners in both the petitions and have also heard learned Additional Advocate General and gone through the case files as well as the record produced by the respondent-department during hearing of the case.