Himachal Pradesh High Court
Shri Ram Lal Sharma vs State Of Himachal on 13 August, 2021
Bench: Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 13th DAY OF AUGUST, 2021
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CIVIL WRIT PETITION (ORIGINAL APPLICATION)
No. 161 of 2019 AND CONNECTED MATTERS
Between:-
1. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 161 of 2019
SHRI RAM LAL SHARMA,
SENIOR ASSISTANT,
PRESENTLY POSTED IN
H.P.P.W.D. SUB-DIVISION,
NAMHOL, H.P.P.W.D. DIVISION,
BILASPUR, TEHSIL SADAR,
DISTRICT BILASPUR,
HIMACHAL PRADESH.
...PETITIONER
(BY SHRI ASHWANI PATHAK, SENIOR
ADVOCATE, WITH MR. SANDEEP
SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL
PRADESH, THROUGH
SECRETARY (PW) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-2.
2. ENGINEER-IN-CHIEF, H.P.P.W.D.,
SHIMLA, HIMACHAL PRADESH.
3. SUPERINTENDING ENGINEER,
H.P.P.W.D., TEHSIL SADAR,
DISTRICT BILASPUR,
HIMACHAL PRADESH.
...RESPONDENTS
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(BY SHRI ASHOK SHARMA, ADVOCATE
GENERAL, WITH M/S SUMESH RAJ,
ADARSH SHARMA & SANJEEV SOOD,
ADDITIONAL ADVOCATE GENERALS, AND
.
M/S J.S. GULERIA & KAMAL KANT
CHANDEL, DEPUTY ADVOCATE
GENERALS)
2. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 215 of 2019
SHRI RAM LAL SHARMA, S/O
SH. SIHNU RAM, R/O VPO
RISHIKESH, TEHSIL SADAR,
DISTRICT BILASPUR, H.P.
PRESENTLY WORKING
AS SUPERINTENDENT
GRADE-II, IN THE OFFICE OF
EXECUTIVE ENGINEER, B & R
DIVISION, HP PWD SHILLAI,
DISTRICT SIRMOUR, H.P.
...PETITIONER
(BY SHRI ASHWANI PATHAK, SENIOR
ADVOCATE, WITH MR. SANDEEP
SHARMA, ADVOCATE)
AND
1. STATE OF H.P. THROUGH
SECRETARY-HP PWD, TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002.
2. ENGINEER-IN-CHIEF, HP PWD,
SHIMLA, H.P.
...RESPONDENTS
(BY SHRI ASHOK SHARMA, ADVOCATE
GENERAL, WITH M/S SUMESH RAJ,
ADARSH SHARMA & SANJEEV SOOD,
ADDITIONAL ADVOCATE GENERALS, AND
M/S J.S. GULERIA & KAMAL KANT
CHANDEL, DEPUTY ADVOCATE
GENERALS)
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3. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 265 of 2019
SHRI RAM LAL SHARMA,
.
SENIOR ASSISTANT,
PRESENTLY POSTED IN 8TH
CIRCLE, H.P.P.W.D.,
HAMIRPUR, DISTT. HAMIRPUR,
H.P.
...PETITIONER
(BY SHRI ASHWANI PATHAK, SENIOR
ADVOCATE, WITH MR. SANDEEP
SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL
PRADESH,
rTHROUGH
SECRETARY TO THE GOVT. OF
H.P. (H.P.W.D.).
2. ENGINEER-IN-CHIEF, H.P.P.W.D.,
SHIMLA, H.P.
3. SUPERINTENDING ENGINEER,
H.P.P.W.D., HAMIRPUR, H.P.
...RESPONDENTS
4. SMT. GEETA DEVI, H.P.P.W.D.,
MECH. DIVISION, SHIMLA.
5. SHRI CHET RAM, H.P.W.D.
CHOPAL DIVISION.
6. SHRI HIRA SINGH THAKUR,
HPPWD, ELECT. DIVN. NO. II,
SHIMLA.
7. SHRI BHAG SINGH, HPPWD, E-
IN-C OFFICE, SHIMLA.
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8. SHRI TAPENDER KUMAR,
HPPWD, B &R DIVN. JAI
NAGAR.
.
9. SHRI PRADHAN CHAUHAN,
H.P.W.D., THEOG DIVISION.
10. SHRI SANT RAM, H.P.P.W.D.,
MANDI DIVISION.
11. SHRI MEHAR SINGH, H.P.P.W.D.,
SARAKAGHAT DIVISION.
12. SHRI SHIV DUTT, H.P.P.W.D.,
MANDI NO. I.
13. SHRI RAMESHWAR KUMAR,
H.P.P.W.D., NALAGARH
DIVISION.
14. SHRI PREM LAL BHARDWAJ,
H.P.P.W.D., O/O E-IN-C, SHIMLA.
15. SHRI SHASHI RAM, H.P.P.W.D.
JUBBAL DIVISION.
16. SHRI SAROJ KUMAR, H.P.
P.W.D. RAJGARH DIVISION.
17. SHRI JAI SINGH SAKLANI,
HPPWD, ELECT. DIVN. P/PUR.
18. SHRI KASHMIRI LAL, H.P.P.W.D.,
ELECT. DIVN. UNA.
19. SHRI MOHAN SINGH, HPPWD,
IST CIRCLE, MANDI.
20. SHRI PURAN CHAND, HPPWD,
O/O CE© MANDI.
21. SHRI KISHORI LAL, HPPWD,
10TH CIRCLE, BILASPUR.
22. SHRI KRISHAN DUTT, H.
P.P.W.D., 14TH CRICLE, ROHRU.
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23. SHRI RAMESH DUTT, HPPWD,
HP MARKETING BOARD.
24. SHRI UMED RAM KASHYAP,
.
HPPWD, O/O E-IN-C, SHIMLA.
25. SMT. PARWATI DEVI, HPPWD,
DEHRA DIVISION.
26. SHRI TEK CHAND, H.P.P.W.D.,
CHAMBA DIVISION.
27. SHRI YASH PAL MAHAJAN,
H.P.P.W.D., BHARMOUR DIVN.
28. SHRI PARKASH CHAND,
H.P.P.W.D., 10TH CIRCLE
BILASPUR.
29. SHRI JULFI RAM, H.P.P.W.D. C
DIVN. UDAIPUR.
30. SHRI ARJUN SINGH, H.P.P.W.D.
MECH. DIVN. BILASPUR.
31. SHRI ROSHAN LAL, H.P.P.W.D.,
BILASPUR DIVN. NO. 1.
32. SH. PARKASH CHAND
SHARMA, HPPWD, DHARMPUR
DIVN.
33. SH. BALAM SINGH CHANDEL,
HP PWD, ELECT. DIVN. NO. 1,
SHIMLA.
34. SHRI DINA NATH, HP PWD,
SARKAGHAT DIVN.
35. SHRI SHRIKANT
SHARMA,HPPWD, NH DIVN.
PANDOH.
36. SH. SANTOSH PAL, HPPWD,
O/O CE ( C) MANDI.
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37. SH. PREM KUMAR, HP PWD,
KANGAR DIVN.
.
38. SH. RAM KRISHAN SINGH, HP
PWD UA DIVN.
39. SH. MOHAN LAL, HP PWD,
DALHOUSIE DIVN.
40. SH. RAVI KUMAR, HP PWD, 7TH
CIRCLE, DALHOUSIE.
41. SH. TEJ SINGH, HP PWD,
MANDI DIVN. NO. I.
42. SH. BRIJ BHUSHAN, HPPWD,
ELECT. DIVN., UNA.
43. SH. BELI RAM, HP PWD, NH
DIVN.-RAMPUR.
44. SMT. JARMO DEVI, HP PWD, 7TH
CIRCLE, DALHOUSIE.
45. SH. DILDAR ALI SHAH, HP
PWD, CHAMBA DIVN.
46. SH. BHAG SINGH, HP PWD, 1ST
CIRCLE, MANDI.
47. SH. SAHIB SINGH, HP PWD,
JAWALI DIVN.
48. SHRI TEK CHAND, HP PWD CV
DIVN.
49. SHRI DESH RAJ, HP PWD CE
( C) MANDI.
50. SH. JAI LAL CHAUHAN, HP
PWD, MECH. DIVN., RAMPUR.
51. SH CHAND KISHORE, HP PWD,
KULLLU DIVN.
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52. SH. SURAT RAM, HP PWD
S/NAGAR DIVN.
.
53. SH. GARIB DASS, HP PWD 8TH
CIRCLE, H/PUR.
54. SHRI AMIN CHAND, HP PWD,
TAUNI DEVI DIVN.
55. SH. KANYA NEGI, HP PWD, 11TH
CIRCLE, RAMPUR.
56. SH. DEV RAJ, HP PWD, O/O
CE(N) DHARMSALA.
57. SH. PREM SINGH, HP PWD
DHARAMSHALA DIVN.
58. SHRI LAL SINGH, HP PWD, NH
JAINAGAR DIVN.
PROFORMA RESPONDENTS
NO. 4 TO 58 THROUGH
ENGINEER-IN-CHIEF, H.P.
P.W.D., SHIMLA, H.P.
......PROFORMA RESPONDENTS
(SHRI ASHOK SHARMA, ADVOCATE
GENERAL, WITH M/S SUMESH RAJ,
ADARSH SHARMA & SANJEEV SOOD,
ADDITIONAL ADVOCATE GENERALS, AND
M/S J.S. GULERIA & KAMAL KANT
CHANDEL, DEPUTY ADVOCATE
GENERALS, FOR R-1 TO R-3
None for R-4 to R-58)
Whether approved for reporting? No.
__________________________________________________________
These petitions coming on for hearing this day, the Court
passed the following:
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JUDGMENT
.
As agreed, these three petitions are being disposed of by this
common judgment, in view of the fact that they have been filed by the
same petitioner.
2. By way of CWPOA No. 161 of 2019, which was originally filed
before the erstwhile learned Himachal Pradesh State Administrative
Tribunal as OA No. 1138 of 2003, the prayer of the petitioner was to
promote him to the post of Superintendent on the basis of his seniority, as
mentioned in Annexure A-3, appended therewith and give due placement
to him in the Seniority List and also to consider him for promotion to the
next promotional posts.
3. By way of CWPOA No. 265 of 2019, originally filed as OA No.
843 of 2005, the relief prayed therein was for quashing of promotions
affected vide Annexure A-1, appended therewith to the posts of
Superintendent Grade-II of Senior Assistants and also for quashing of the
promotion Order, dated 24.12.2004 (Annexure A-2), with a prayer to the
respondents to promote the petitioner as Superintendent Grade-II with
effect from 24.09.2002.
4. Similarly, CWPOA No. 215 of 2019 (originally filed as OA No.
1624 of 2007) was filed by the petitioner praying for issuance of a
direction to the respondents not to make any promotions pursuant to order
dated 18.06.2007 and promote him subject to the outcome of the Original
application to the post of Superintendent Grade-I.
.
5. The petitioner stands superannuated since the filing of the
Original Applications. The genesis of the claim of the petitioner was that
he was initially appointed as a Lower Division Clerk in the year 1971 and
his services were terminated in July, 1974, which termination order was
revoked and he was reinstated vide Office Order dated 21.04.1979 by
extending full service benefits alongwith seniority. According to the
petitioner, after his reinstatement, the petitioner was not assigned the
desired place in the seniority list, despite his repeated requests and as a
result thereof, his subsequent promotions have been marred and delayed
and persons junior to him have been promoted before him.
6. The claim of the petitioner has been contested by the
respondent-State, inter alia, on the ground that the seniority, as was
assigned to the petitioner against the post of Lower Division Clerk vide
letter dated 25.04.1977, was the correct seniority, wherein his name was
figuring at Serial No. 687 and not at Serial No. 51, as alleged and the
consequential promotions stand conferred upon the petitioner on the basis
of this seniority.
7. I have heard learned counsel for the parties and also gone
through the pleadings as well as documents appended with these
petitions.
8. The grievance, which has been raised by the petitioner is with
regard to the seniority list(s), issued by the respondent Department and
.
alleged wrongful promotions conferred upon his juniors by ignoring his
rightful and legitimate claim.
9. As has already been mentioned hereinabove, the petitioner
already stands superannuated. It is settled law that when a tentative
seniority list is issued by the Department, then in case an employee is
aggrieved by his placement in the same, he has to submit his objections
to the said seniority list and in the event of his objections not being
entertained and/or in the event of final seniority list being issued ignoring
his objections, he can assail the seniority list before the appropriate Court
of law. In these cases, the tentative seniority list, vide which, according to
the petitioner, his seniority was wrongly assigned by the respondent-
Department, has not been assailed, as the same is not borne out from the
pleadings. In other words, the initial tentative seniority list in which the
seniority of the petitioner was mentioned to his disadvantage, is not stated
to have been objected to by the petitioner and pleadings do not disclose
that any such objections were ever filed.
10. I have already referred to the reliefs prayed for in all these
petitions hereinabove. In neither of the three petitions there is any
challenge to a specific seniority list after submission of objections to the
tentative seniority list. In this view of the matter, when with the passage of
time, rights stand crystallized upon the private respondents and further
when the petitioner already stands superannuated, this Court is of the
.
view that the issues raised in this petition are now more or less academic
in nature and otherwise also, on merit, the claims of the petitioner cannot
be granted, as the petitioner has not been able to establish that seniority
assigned to him as a Lower Division Clerk vide letter dated 25.04.1977
was wrong. Accordingly, these petitions are ordered to be closed.
Miscellaneous applications, if any, also stand disposed of.
r (Ajay Mohan Goel)
Judge
August 13, 2021
(bhupender)
