1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 6571 of 2011 Decided on: 19.8.2011 Tej Ram ....Petitioner Versus State of Himachal Pradesh & others …Respondents The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner : Mr. R.L. Chaudhary, Advocate. For the respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General for respondents No. 1 to 4. Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers:- “(i) That writ in the nature of mandamus may kindly be issued, directing the Respondents to consider the petitioner for promotion/appointment as Peon/Chowkidar w.e.f. 1.2.2006 when the similarly situated persons i.e. Respondent No. 5 to 11 were promoted/appointed as Peon or Chowkidar, with all consequential benefits, in light of the fact that 2 the petitioner is also in continuous service w.e.f. 11.7.1997 alongwith the Respondent No. 5 to 11, hence, the petitioner has been deprived for promotion/appointment w.e.f. 1.2.2006 as Peon/ Chowkidar without any justification. (ii) That writ in the nature of mandamus may kindly be issued, directing the respondents to consider the seniority of the petitioner w.e.f. 11.7.1997 as Water Carrier/Whole Time Contingent Daily Paid for sake of promotion/appointment to the post of Peon/Chowkidar in light of the award passed by the Ld. Labour Court as per Annexure P-1.” 2. It is for the petitioner to make an appropriate representation before the third respondent, in which case, the third respondent will get an opportunity to look into the matter, with notice to the petitioner and also to the private respondents. The writ petition is hence disposed of as follows. 3. In the event of the petitioner filing an appropriate representation before the third respondent, the matter will be duly considered by the third respondent, after affording an opportunity of hearing to the petitioner and respondents No. 5 to 11. 4. The needful as above, shall be done within a period of four months from the date of receipt of a copy of this 3 judgment, alongwith a copy of the representation as well as a copy of this writ petition. 5. Pending application(s), if any, also stands disposed of. (Justice Kurian Joseph), Chief Justice. August 19, 2011 (Justice V.K. Ahuja), (hl) Judge.