RAJINDER PRASAD DHIMAN Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS writ petition is directed against the order, dated 16th January, 2004, Annexure P -6, whereby the order of promotion of the Petitioner, dated 13th April, 1999, copy Annexure P -3, has been withdrawn. He seeks quashing of order of the reversion, Annexure P -6, as also quashing of all orders, issued on account of withdrawal of the order of promotion, for re -fixation/reduction of his pay and change in seniority.

(2.) PETITIONER had been working as Junior Engineer in Irrigation and Public Health Department of Government of Himachal Pradesh, when order of promotion, Annexure P -3, was issued on 13th April, 1999. As per this order, a large number of persons including the Petitioner, whose name figured at Sl. No. 65, were promoted. Thereafter, in the year 2002 vide notification dated, 19th October, 2002, Annexure P -5, final Seniority List was issued after circulating a tentative Seniority List and inviting objections to such Seniority List. In that Seniority List, Petitioner was shown to have been promoted w.e.f. 13th April, 1999 and his name figured at Sl. No. 163 in that list.

(3.) A representation was made by the Petitioner on 26th September, 2004 in which reference was made to the order of reversion and change of seniority, copy Annexure P -6, but the action of reversion had not been assailed, though change in seniority was challenged on the ground that once the final Seniority List had been published after inviting objections qua tentative Seniority List, circulated earlier, there could not have been any change in the Seniority List. Another representation, Annexure P -13 was made on 1st January, 2009, seeking promotion to the post of Executive Engineer and in this representation also, order of reversion, Annexure P -6, had not been assailed. Reversion has been challenged for the first time in the present writ petition, which was filed in the year 2009 in this Court, that is to say more than 5 years after passing of the impugned order, Annexure P -6.