BHUSHAN LAL SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Two separate writ petitions bearing CWP(T) Nos. 6340 and 11665 of 2008 were filed by S/Sh. Bhushan Lal Sharma and Ajay Sharma respectively, questioning the selection/appointment of S/Sh. Rajesh Kumar, Rakesh Rana and Sumit Sood as Assistant Engineers (Civil) [hereinafter referred as AE(C)] in the respondent Irrigation and Public Health Department. These writ petitions were partly allowed by the learned Single Judge on 3/10/2012. It was noticed in the judgment that Sh. Rajesh Kumar had not joined the post in question. Selection of Sh. Rakesh Rana was set aside, whereas selection of Sh. Sumit Sood was upheld in the judgment. Against the resultant two vacancies created because of non-joining of Sh. Rajesh Kumar and setting aside the selection of Sh. Rakesh Rana, the respondent-department was directed to call for the names of next two meritorious candidates. As a consequence of implementing the judgment passed by the learned Single Judge, Sh. Ajay Sharma-the petitioner in CWP(T) No.11665/2008 and one Sh. Anand Blouria, next in the order of waiting list, were issued the appointment orders. Sh. Bhushan Lal Sharma, [Petitioner in CWP(T) No.6340/2008] at serial No.3 in the waiting list could not be appointed. Aggrieved, he has challenged the judgment passed by the learned Single Judge in the instant appeal.

(2.) It is not in dispute that Sh. Rakesh Rana, whose selection to the post of AE(C) was set aside by the learned Single Judge, has not questioned the judgment. The judgment to this an extent has become final.

(3.) Gist of the appeal.