IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 4821 of 2008 Decided on: 28.10.2010. Mast Ram ….. Petitioner. Versus State of H.P.& others. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner : None. For the respondents : Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G. for respondents . Justice Kurian Joseph, C.J. (Oral): The petition has been filed with following prayers: “(i) That the impugned Annexure A-2, dated 18.11.1997 may be quashed and set aside; (ii) That the Respondents may be directed to re-do the seniority list of Warders and to place the applicant at Sr. No.17 after taking into consideration the service rendered by him w.e.f. 22.10.71, with all consequential benefits.” 2. In reply at para 3 it is stated as follows: “That in reply to this para it is submitted that although the applicant engaged as temporary Warder w.e.f. 22.10.71 by the then Superintendent Model Central Jail Nahan vide office order No. 2349-52/R-7 dated 26.10.71 (Annexure R-1) in the fixed pay of Rs.100/- and allowances thereon to guard the condemned prisoner in pursuance of the provisions contained in para 289 and 290 of the Punjab Jail Manual, as applicable in Himachal Pradesh, was appointed on regular basis as such on the recommendations of the Departmental Recruitment Committee alongwith 9 other candidates by the competent authority vide office order No. 2-1/71-Jails dated 17.6.72 (Annexure R-2) and accordingly he joined on his regular appointment on 1.7.72. the applicant was confirmed accordingly w.e.f. 26.2.75. Therefore, his relative seniority has been determined from 1.7.72 i.e. the date of his joining on regular appointment in the grade in pursuance of the relevant rules. Therefore, the applicant has been correctly placed at Sr.No.24 of the Tentative Seniority list of Warders circulated vide letter No. 2-1/75-Jails dated 18.11.97 (Annexure A-2 of application, Complete Seniority List Annexure R-3).” 3. In case the petitioner still has any surviving grievance with regard to the factual/ legal position, it will be certainly open to him to approach the first respondent within a period of one month, in which case the said respondent will look into the matter and take appropriate action in accordance with law and justice and appropriate orders thereon shall be passed within another four months. -3- 4. With these observation, petition stands disposed of, so also the pending application(s), if any. ( Kurian Joseph), Chief Justice. (V.K. Sharma), Judge. October 28, 2010 (LSP/VT)