Vipan Kumar and Others vs State of Himachal Pradesh

Kurian Joseph, C.J.

CMP No. 2124 of 2010.

Allowed.

CWP No. 1533 of 2010.

The Writ Petition is filed with the following prayers:

A) This Hon''ble Court may kindly be pleased to issue a writ of Mandamus directing the Respondent State to refix the seniority of the Junior Engineers( Civil) and Assistant Engineers(Civil) including that of the Petitioners strictly as per the law laid down by Hon''ble Supreme Court of India in Shailendra Dania and Others Vs. S.P. Dubey and Others, and judgment passed by this Hon''ble Court in dated 8.1.2010 titled S.S. Kutleria and Ors. v. State of H P and Ors. CWP 1358/2010 with all consequential benefits because the Petitioners are similarly situated as the Petitioners in S S Kutleria v. State of H P and Ors. CWP 1358/2008

B) Direct the Respondent State to hold review DPC for promotion to the post of Assistant Engineer (Civil) and Executive Engineer (Civil) based on the revised seniority lists of Junior Engineers (Civil) and Assistant Engineers(Civil) as per the law laid down by Hon''ble Supreme Court of India in Shaliendera Dania v. S P Dubey and Ors. 2007 Supreme Court cases Volume 5 page 535 and judgment passed by this Hon''ble Court in dated 8.1.2010 titled S S Kutleria and ors v. State of H P and ors. CWP 1358/2010 with all consequential benefits.

C) Direct the Respondent State to re draw the seniority lists of Assistant Engineer Civil after reviewing the promotions of the Petitioners and private Respondents to the post of Assistant Engineer Civil and consider them for promotion for the next promotional post of Executive Engineer Civil on the basis of said newly drawn seniority list.

It is submitted that the issue is covered in favour of the Petitioner by a judgment of Division Bench of this Court in, S.S. Kutlehria and Ors. v. State of H.P. and Ors. CWP No. 1358 of 2008 and connected case.

Learned Senior Additional Advocate General points out that the Division Bench in the said judgment has already held that the benefit will be limited to the persons covered by the said judgment. But we find from 3 the judgment itself that there is a direction in the judgment to rework of seniority. Such reworking of seniority is on principle, in the light of judgment of Supreme Court in Shailendra Dania and Others Vs. S.P. Dubey and Others, Therefore, it will be only appropriate that benefit of reworking of seniority is extended to all the eligible incumbents. Therefore, we clarify that Annexure P-5 shall not stand in the way in the benefit being extended to the Petitioners in case they are otherwise eligible.

The Petitioners have brought their grievance before the first Respondent by Annexure P-6 representation. There will be a direction to the first Respondent to look into Annexure P-6 representation, in the light of the judgment referred to above and take appropriate action in accordance with law, if required after issuing notice to the affected parties also, within a period of three months from the date of production of a copy of this judgment alongwith a copy of the Writ Petition.

5.The Writ Petition is disposed of, so also the pending application.