D.R.DIWAN Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition is filed by the petitioner for quashing and setting aside an order passed by the Himachal Pradesh State Administrative Tribunal ("Tribunal" for short) on October 3, 2000, in Execution Petition No.6 of 1999 in O.A. No. 787 of 1995.

(2.) Few facts, relevant for deciding the controversy raised in the present petition may now be stated. On July 5, 1979, the petitioner was appointed as an Inspector (Excise & Taxation) on probation. Under the relevant rules, he was required to pass departmental examination within a period of two years. It is not in dispute that the petitioner cleared the said examination on October 19, 1981 i.e. after two years from the date of initial appointment. The case of the petitioner, however, was that he was always ready and willing to appear at the examination and all steps which were required to be taken at his end were taken by him but since no examination could be conducted by the State authorities within the stipulated period, he could not clear it within the period. It was, therefore, his contention that in view of default and negligence on the part of the State authorities, he should not suffer and he must be held to have cleared the examination within the stipulated period of two years and his seniority must be fixed on that basis.

(3.) It appears that three petitions were filed in the Tribunal being O.A. Nos. 787 of 1995, (by the present petitioner), 788 of 1995 and 1145 of 1995. All the petitions were heard together and disposed of by a common judgment and order by the Tribunal on October 28, 1996, 0.A. No. 787 of 1995 filed by the petitioner was allowed. The operative part thereof has been annexed to the petition as Annexure P -4 which reads as under: "The application is allowed. Resultantly the applicants are declared to have passed the departmental examination within the probationary period of two years with all consequential benefits of confirmation and seniority etc. under the rules. We further direct respondents No. 1 and 2 to re -draw the seniority list and give seniority to the applicants in the light of the observations made above. The application stands disposed of with no order as to costs."