STATE OF HIMACHAL PRADESH Vs. DALIP SINGH CHAUHAN

JUDGEMENT

(1.) This petition is filed by the State of Himachal Pradesh for an appropriate order quashing and setting aside order dated 6.1.1999 passed by the Himachal Pradesh State Administrative Tribunal granting j interim relief in favour of respondent No. 1 - petitioner before the Tribunal in OA { No.59 of 1999 (titled Dalip Singh Chauhan v. State of H.P. & Ors.

(2.) Since the dispute relating to seniority of Assistant Engineers in Public Works Department is pending before the Himachal Pradesh State Administrative Tribunal, we would confine ourselves to the limited prayer made in this petition by the State Government and the grievances voiced by it.

(3.) It appears that the final seniority list of Assistant Engineers (c) was circulated by the Department on August 20,1997. Even prior to that, a tentative as well as final seniority list was published. So far as the final seniority list of August 20, 1997 is concerned, it is an admitted fact that certain petitions were filed before the H.P. State Administrative Tribunal. Initially on October 17, 1997, OA No. 1940 of 1997 was instituted by the petitioner. Interim relief was also prayed. Considering the facts and circumstances, however, a Division Bench consisting of the Chairman as well as a Member of the Tribunal did not grant blanket stay restraining the respondent authorities from making promotion but allowed the Department to effect promotion subject to the final outcome of the matter.