Malik Mazhar Sultan vs. Dhananjay Chaturvedi

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

Petition(s) for Special Leave to Appeal (C) No(s). 29018/2018

(Arising out of impugned final judgment and order dated 09-10-2018 in WPSB No. 371/2016 passed by the High Court Of Uttarakhand At Nainital)

SAHDEV SINGH & ANR. Petitioner(s)

VERSUS

THE STATE OF UTTARAKHAND & ORS. Respondent(s)

WITH

SLP(C) No. 29951-29952/2018 (X)

Date : 08-11-2021 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

Counsel for the

• parties Mr. P. S. Patwalia, Sr. Adv. Ms. Bina Madhavan, Adv. Mr. Udaya Kumar Sagar, Adv. Ms. Rao Vishwaja, Adv. for M/S. Lawyer S Knit & Co.
  • Mr. Nidhesh Gupta, Sr. Adv. Ms. Pallavi Singh, Adv. Mr. Vivek Mishra, Adv. Ms. Rohini Musa, Adv. Mr. Anant Kumar Vastya, Adv. Mr. Ashish Kumar Sinha, Adv. Mr. Devendra Singh, AOR
  • Mr. C. A. Sundaram, Sr. Adv. Dr. Sushil Balwada, AOR Mr. Vivek Mishra, Adv. Mr. Sandeep Kumar Mishra, Adv. Mr. Satbir Singh, Adv. Mr. Sandiv Kalia, Adv. Ms. Rohini Musa, Adv. Mr. Shiv Kumar, Adv.

Mr. Ajay Marwah, AOR

Dr. Abhishek Atrey, AOR

Ms. Akash Giri, Adv. Ms. Ambika Atrey, Adv. Mr. Ajay Veer Pundir, Adv. Ms. Anu Gupta, AOR Mr. Vishwa Pal Singh, AOR Mr. Vikas Negi, Adv. Mr. Rajendra Prasad, Adv. Ms. Pallavi, Adv. Mr. Brijender Singh Dhull, Adv. Mrs. D. Bharathi Reddy, AOR Ms. Sharmila Upadhyay, AOR Ms. Rachana Srivastava, AOR

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

The challenge in the present Special Leave Petitions is to an order passed by the High Court of Uttarakhand at Nainital on 09.10.2018 to quash the promotion granted to Respondent Nos. 3 to 11. The incidental question was regarding seniority of Members of the Higher Judicial Service in the State of Uttarakhand.

This Court, on 22.11.2018, granted liberty to the High Court to decide the representations with regard to settlement of seniority. Now the seniority list has been finalised. The parties before this Court have a grievance regarding the seniority list so finalised.

It is for the jurisdictional High Court to decide the inter se seniority of the Members of Higher Judicial Service in the first instance. Therefore, Liberty is given to the aggrieved parties to invoke the jurisdictional High Court for redressal of their grievance.

We have no doubt that the jurisdictional High Court shall be

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conscious of the urgency involved in the matter and will decide the matter expeditiously.

In view of above, the Special Leave Petitions are disposed of. Pending interlocutory application(s), if any, is/are disposed of.

(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR) COURT MASTER COURT MASTER