SURAJ RAM SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since common questions of law and facts are involved in both these cases, the same were taken up together for hearing and are being disposed of by a common judgment.CWP (T) No.5447/2008 (OA No.2455/1998)

(2.) Petitioners No.1 and 2 were inducted in Himachal Pradesh Forest Service on 22.12.1983. Petitioners have assailed seniority list issued on 23.9.1998 of Himachal Pradesh Forest Service Officers of Himachal Pradesh Forest Department, as it stood on 1.1.1993. According to the seniority list issued on 23.9.1998, respondents No. 2 to 20 are appearing at Sr. No. 11, 12, 17, 23, 26, 29, 32, 36, 39, 43, 47, 51, 55, 58 and 62, respectively. Petitioners rank junior to these respondents. According to the petitioners, respondent -State has not taken into consideration the instructions issued on 7.2.1986 while issuing the seniority list. Case of the respondents, in a nutshell, is that seniority has been drawn on the basis of instructions issued on 22.12.1959 and according to them the instructions dated 7.2.1986 have been adopted with effect from 7.10. 1986.

(3.) Appellant was inducted in the Himachal Pradesh Forest Service on 22.12.1983. He has assailed the seniority list issued on 23.9.1998, as it stood on 1.1.1993 by filing OA No. 2545 of 1998 before the erstwhile Himachal Pradesh Administrative Tribunal. The same was transferred to this Court and was assigned CWP (T) No.2163/2008. It was dismissed by the learned Single Judge on 24.4.2009. Appellant -petitioner has assailed the judgment dated 24.4.2009 by present Letters Patent Appeal. Principal grounds to assail the seniority list are the same as taken by the petitioners in CWP (T) No. 5447/2008.