PERVESH KUMARI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These two appeals arise out of a judgment dtd. 22/8/2022 passed by the learned Single Judge in CWP No. 1393 of 2020 (Kuldeep Kumar and ors. Vs. State of H.P. and ors.). Being connected and involving common questions of law and facts, the appeals have been heard together and are being adjudicated thereinafter.

(2.) The dispute in the writ petition essentially revolved around the seniority lists of Patwaris maintained in District Una and the Rules/Instructions in place for determining the seniority. The writ petition was instituted by respondents No. 3 to 8, seeking to maintain their seniority as was assigned to them ever since their induction into service and also for quashing the executive instructions concerning drawing of seniority, which were though issued on 30/6/1997 but had not been applied in District Una and an Office Communication dtd. 20/2/2020 by which the State intended to apply them retrospectively. The effect of implementation of such instructions more than two decades after their issuance would have been that seniority of writ petitioners would have been adversely affected. In fact, one such seniority list of Kanungos redrawn on 8/5/2020 on the basis of communication dtd. 20/2/2020 did affect the seniority positions of the writ petitioners. Learned Single Judge has allowed the writ petition. Instructions dtd. 10/7/1997 (Sic 30/6/1997) have been quashed; Seniority lists drawn on that basis, subsequent to the issuance of Office Memo dtd. 20/2/2020, have also been set aside; State has been directed to redraw the seniority lists as was done earlier without referring to 1997 executive instructions; Promotions conferred on the basis of seniority lists redrawn as per Office Memo dtd. 20/2/2020 have also been quashed. State has accepted the verdict, however the appellants who are beneficiaries of the seniority lists redrawn in the year 2020 have assailed the judgment in these appeals.

(3.) Following facts are not in dispute: