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Supreme Court - Daily Orders

The State Of Himachal Pradesh vs Piyar Chand on 20 October, 2022

Bench: M.R. Shah, M.M. Sundresh

     ITEM NO.3                                  COURT NO.5                    SECTION XIV

                                     S U P R E M E C O U R T O F           I N D I A
                                             RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 27067/2022

     (Arising out of impugned final judgment and order dated 28-04-2022
     in LPA No. 39/2022 passed by the High Court Of Himachal Pradesh At
     Shimla)

     THE STATE OF HIMACHAL PRADESH & ORS.                                       Petitioner(s)

                                                         VERSUS
     PIYAR CHAND                                                                Respondent(s)

     (FOR ADMISSION and I.R. and IA No.137571/2022-CONDONATION OF DELAY
     IN FILING )

     Date : 20-10-2022 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE M.R. SHAH
                             HON'BLE MR. JUSTICE M.M. SUNDRESH

     For Petitioner(s)                   Mr. Abhinav Mukerji, AOR
                                         Mrs. Bihu Sharma, Adv.
                                         Mr. Akshay C. Shrivastava, Adv.
                                         Ms. Pratishtha Vij, Adv.

     For Respondent(s)                   Mr. M. C. Dhingra, AOR
                                         Mr. Gaurav Dhingra, Adv.
                                         Ms. Madhvi Yadav, Adv.

                             UPON hearing the counsel the Court made the following
                                                O R D E R

Learned counsel appearing on behalf of the petitioners has vehemently submitted that under Notification dated 11.8.1998, the post of Irrigation Booking Clerk was designated as Junior Technician. Therefore, the respondent was designated as Senior Technician and was paid accordingly shall be entitled to the pay scale etc. of Junior Technician only and not as Irrigation Booking Clerk as on and after 1998, the post of Irrigation Booking Clerk Signature Not Verified Digitally signed by NIRMALA NEGI Date: 2022.10.22 was not in existence at all.

14:47:37 IST Reason:

Contd…
- 2 -
Delay condoned.
Issue notice returnable on 28.11.2022. Shri M.C. Dhingra, learned counsel, who is on caveat, accepts notice on behalf of the contesting respondent/original writ petitioner.
Counter affidavit, if any, to be filed on or before 11.11.2022.

Rejoinder affidavit, if any, to be filed on or before 22.11.2022.

In the meantime, the execution proceedings to execute the impugned judgment and order are ordered to be stayed. (NEETU SACHDEVA) (RENU BALA GAMBHIR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)