DEVI RAM Vs. HPSEB

JUDGEMENT

(1.) CHALLENGE is on Annexure A/2, Seniority list. It is seen that the petitioner had earlier pursued his grievances before the erstwhile Tribunal and finally the Tribunal disposed of OA No. 2152 of 1994 directing the Board to pass orders in the matter. The Board has consequently passed Annexure-RA-I, order dated 6.1.1995. It is stated in the order that the petitioner lost seniority since he had made request for transfer, whereas Shri Paras Ram was adjusted in newly created post; his transfer was not on request. Learned senior counsel appearing for the petitioner submits that both the petitioner and Paras Ram were transferred on request. Learned senior counsel further contents that the transfer within the circle will not entail the loss of seniority, which is however disputed by the learned standing counsel for the Board. However, in view of the finding already rendered by the Secretary of the Board in Annexure-RA-I, in case there is factual dispute on Annexure-RA-I, it is for the petitioner to challenge the same. Therefore, without prejudice to the liberty to the petitioner to challenge Annexure-RA-I in appropriate proceedings, this petition is dismissed. Copy Dasti.