RAMA NAND RATHORE Vs. STATE OF H.P.

JUDGEMENT

(1.) ORDER Present civil writ petition filed under Section 226 of the Constitution of India. It is pleaded that respondent department issued final seniority list of Excise and Taxation Officers (Class -1 Gazetted) of the Excise and Taxation department as it stood on dated 20.10.1995. It is pleaded that it was not in consonance with judgment of Hon'ble Supreme Court reported in : AIR 1999 SC 3471 titled Ajit Singh vs. State of Punjab. It is further pleaded that thereafter petitioner filed OA No. 405 of 2001 (CWP (T) No. 2580 of 2008) titled as Rama Nand Rathore vs. State of H.P. and others and order of Hon'ble High Court was sent to department for implementation. It is further pleaded that final seniority list was circulated by respondent department for giving petitioner rightful place. It is also pleaded that petitioner was promoted as Assistant Excise and Taxation Commissioner w.e.f. 17.8.1999 by giving notional benefits. It is further pleaded that pay of petitioner was fixed by respondent department on notional basis. It is further pleaded that pension of the petitioner was fixed on the basis of notional promotion. Petitioner sought relief to quash Annexure P6 wherein notional promotion granted w.e.f. 17.8.1999. Petitioner also sought relief for monetary benefits w.e.f. 17.8.1999.

(2.) PER contra, reply filed on behalf of the respondent pleaded therein that petitioner was promoted as Assistant Excise and Taxation Commissioner w.e.f. 17.8.1999 on notional basis. It is pleaded that petitioner superannuated from service on dated 30.4.2001. It is pleaded that petitioner did not actually work against the post of Assistant Excise and Taxation Commissioner and he was rightly granted notional promotion w.e.f. 17.8.1999. It is further pleaded that pay of the petitioner was fixed on notional basis vide order dated 31.8.2012. It is pleaded that action of the respondent is legal and sustainable in the eyes of law. It is further pleaded that all benefits have been released to the petitioner as per law. It is also pleaded that seniority list of the petitioner was maintained strictly in accordance with law and all benefits were given to the petitioner as permissible under law. Prayer for dismissal of writ petition sought.

(3.) FOLLOWING points arise for determination in this civil writ petition: -