Hira Lal vs State of HP and Others

Justice V.K. Ahuja, J.—This is a Letters Patent Appeal against the judgment of learned Single Judge, dated 01.12.2010, passed in CWP (T) No.3626 of 2008, vide which he had dismissed the writ petition filed by the petitioner challenging the appointment of respondent No.4 as Naib Tehsildar.

The facts have been carved out by the learned Single Judge and it is clear that the petitioner joined as Patwari in the year 1958, was promoted as Kanungo w.e.f. 1.9.1984. Petitioner cleared the examination of Naib Tehsildar and was eligible for promotion in the seniority list of Patwaris. Respondent No.4 was junior to the petitioner. However, respondent No.4 appeared in the examination for appointment as direct Kanungo candidate in the year 1978 and joined as Kanungo on 12.3.1984. The petitioner was accepted as Kanungo candidate only on 1.9.1984, whereas the respondent No.4 had already been appointed as a Kanungo six months before to the petitioner. The seniority of the petitioner had to be considered not as Patwari, but as Kanungo for the post of Naib Tehsildar and accordingly no case was made out for allowing the writ petition filed by the writ petitioner, challenging the appointment of respondent No.4 as Naib Tehsildar prior to him.

The learned Single Judge has considered the facts and has dismissed the writ petition and those findings do not call for an interference by this Court. The Letters Patent Appeal filed by the petitioner is dismissed accordingly, so also the pending miscellaneous application(s), if any.