Himachal Pradesh High Court
Date Of Decision: 03Rd July vs State Of H.P & Anr on 3 July, 2023
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2630 of 2023
Date of Decision: 03rd July, 2023.
Jitender Dutt .....Petitioner.
.
Versus
State of H.P & anr. .....Respondents.
Coram
Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. Dalip K. Sharma, Advocate.
For the Respondents: Mr. Anup Rattan, Advocate General with Mr.
Sumit Sharma, Dy. AG.
Jyotsna Rewal Dua, Judge
The respondent has not filed reply to the writ petition despite
availing number of opportunities. In view of the submissions made by
learned counsel for the petitioner and in light of the order being passed
hereinafter, no further opportunity is required to be granted to the
respondents for filing reply.
2. This writ petition has been filed for the grant of following
reliefs:
"1. That the office order vide notifications dated 04.03.2023, 15.03.2023 and
21.03.2023 Annexure P-12, P-13 and Annexure P-14 as well as notification dated
27.4.2021 (Annexure P-9) may kindly be declared illegal and quashed to the extent
mentioned vis-à-vis junior incumbents.
2. That the respondent state may kindly be directed to revise and update
the seniority list of Assistant Engineers and place the petitioner in the rightful position
in the seniority list immediately as the petitioner is going to be retired on 31.5.2023.
3. That the respondent state may be directed to carry out the process of
promotion from the post of Assistant Engineers to Executive Engineers as per
updated/revised seniority list of AEs as aforesaid.
Whether reporters of Local Papers may be allowed to see the judgment? Yes.
4. That the respondent state may be directed to promote the petitioner to
the post of Executive Engineer before this due date of retirement which falls on
31.5.2023.
5. That petitioner may kindly be held entitled for considering his regular
service as Assistant Engineer w.e.f. 5th July, 2014 and also entitled for all
.
consequential benefits arising out of his service rendered by holding the charge of
Assistant Engineer w.e.f. 5th July, 2014 to 4th May, 2016.
6. That writ of mandamus may be issued directing the respondents to carry
out the necessary amendment in the notification dated the impugned seniority list
of AEs dated 01.03.2016 may kindly be set aside as illegal and deemed infructuous
as per mandate of this court in CWP No.901/2020."
3. Learned counsel for the petitioner submitted that the petitioner
stands already retired on 31.05.2023. In view of the order passed in certain
other writ petitions preferred by certain other individuals, the petitioner at
this stage would be confining his prayer only for relief Nos.2 and 3.
4.
Learned counsel for the petitioner pointed out following
directions issued in CWP No.5718 of 2022 (Ankush Jamwal and ors. vs.
State of H.P & anr.) decided on 24.04.2023:-
"8. Keeping in view the facts and circumstances of the case, respondents are
directed to prepare updated seniority list of Assistant Engineers in the department
of Public Works by including all the eligible incumbents appointed after
01.01.2023. This exercise should positively be done within four weeks from today.
In the meanwhile, respondents shall not promote any Assistant Engineer in the
department of Public Works to the next higher post either on permanent or
temporary basis or even by way of entrustment of charge."
Learned counsel further submitted that in compliance to the above
directions, respondents issued tentative seniority list on 27.05.2023. The
tentative seniority list has not been finalized till date and for this reason, the
petitioner has not been promoted to the post of Executive Engineer, even
though, he was eligible to the said post prior to his retirement on 31.05.2023
and the vacancy was also available.
Learned counsel for the petitioner has relied upon a judgment
dated 29.05.2023 passed in CWP No.2781 of 2023 (Janam Singh vs.
State of H.P & ors) and stated that the petitioner therein had claimed
.
similar relief as claimed by the petitioner in the instant petition. The said
writ petition (CWP No.2781 of 2023) was disposed of with the following
operative part:-
"3. In the given facts and circumstances, we deem it appropriate to dispose of this
petition with a direction to the respondents that as and when the dispute in CWP No.
5718 of 2022 and CWP Nos. 3690, 3691 of 2021 is resolved and thereafter the DPC is
convened for the post of Executive Engineer, then the case of the petitioner shall also
be considered and, if eligible, he shall also be entitled for promotion to the post of
Executive Engineer in accordance with law and the mere fact that he has retired from
the service in the meanwhile shall not be a ground for non-consideration of the case of
the petitioner."
The submission made by learned counsel for the petitioner is
that the present petition be also disposed of mutatis mutandis the above
directions, save and except by deleting CWP No.5718 of 2022 from the
above order, as this writ petition was decided on 29.05.2023. This position
is not disputed by the learned Deputy Advocate General.
In view of the aforesaid, this writ petition is disposed of with a
direction to the respondents that as and when the dispute in CWP No.3690
and 3691 of 2021 is resolved and the DPC is thereafter convened for the
post of Executive Engineer, then the case of the petitioner shall also be
considered and if he is found eligible, he shall also be entitled for promotion
to the post of Executive Engineer in accordance with law. Factum of
retirement of the petitioner shall not be a ground for non consideration of
his case.
The petition is disposed of in the aforesaid terms, so also the
pending application(s), if any.
.
Jyotsna Rewal Dua
Judge
03rd July, 2023
(CS)
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