AVTAR SINGH KATWAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner was allocated from the State of Punjab as Junior Engineer. He was not assigned the correct seniority according to the rules from the due date. He filed civil writ petition in this Court bearing CWP No. 19 of 1977. The writ petition was transferred to the Himachal Pradesh Administrative Tribunal and it was assigned T.A. No. 394 of 1986. The same was decided by the learned Himachal Pradesh Administrative Tribunal on 10.1.1991. The operative portion of the judgment reads thus : As per paragraph 15(A) of the reply affidavit of the State Government dated 3.5.1988, it is clear that the applicant has referred only to the revised seniority list dated 19.5.1977 (Annexure PK) though a Final Joint Integrated Seniority List was issued vide letter No. PWE -ES -1708 -19094 dated 26.12.1978. Keeping this in view, we further order that corresponding changes, on the basis of four directions regarding changes in the revised Joint Integrated Seniority List, as in the preceding paragraph, be made in the Final Joint Integrated Seniority List dated 26.12.1978 and that the applicant be assigned and intimated, his position in this seniority list accordingly. He would also be entitled to all consequential benefits, including promotion, due and admissible on the basis of this revised seniority in the Final Joint Integrated Seniority List. It is further directed that the requisite relief be given to the applicant within a period of three months. -

(2.) THE petitioner was promoted to the post of Assistant Engineer with effect from 19.5.1986 when his junior were promoted. He was assigned seniority vide office addendum dated 31.10.1991. He was assigned seniority at Sr. No. 420 -A and one Sh. Rakesh Kant Gupta was assigned seniority at Sr. No. 449. He came to know that Sh. Rakesh Kant Gupta, whose name appeared at Sr. No. 449 in the final joint integrated seniority list was drawing higher pay as Junior Engineer than him. He filed a representation before respondent No. 2 to grant him consequential benefits including higher salary on the analogy of Sh. Rakesh Kant Gupta. The representation made by the petitioner was rejected on 7.6.1994.

(3.) MR . R.K. Sharma, learned Senior Additional Advocate General has argued that Sh. Rakesh Kant Gupta was granted pre -mature increment with effect from 1.11.1966 raising his pay from Rs. 130/ - to Rs. 140/ - under FR 27. His next date of increment was 19.12.1966. This was done as per order dated 8.1.1979.