IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.770 of 1998 Date of decision: 23rd July, 2008. Union of India and others ..Petitioners Versus B.S. Chauhan and others ..Respondents Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice V.K.Ahuja, Judge. Whether approved for reporting?1 No For the Petitioners.: Mr. K.B. Khajuria, Advocate General. For the Respondents: Mr.Dalip Sharma, vice counsel for respondents 1&2. Mr.R.M. Bisht, Dy.A.G. for respondent No.4. Deepak Gupta, J. (Oral) This petition by the Union of India is directed against the order of the learned Central Administrative Tribunal (hereinafter referred to as the Tribunal) dated 5th May, 1998 passed in O.A. No.1244/HP/1997 whereby the Original Application filed by the present respondents 1&2 was allowed and the petitioners were directed to assign 1980 as the year of allotment in the I.A.S. to the respondents along with all consequential benefits. Briefly stated the facts are that the respondents 1&2 joined the first batch of Himachal 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2 Pradesh Administrative Service. Some ex-servicemen also joined along with them. The ex-servicemen were initially placed senior to the respondents by giving them the benefit of their military service. The respondents and others filed petitions before the High Court of Himachal Pradesh challenging the assignment of seniority to the ex- servicemen. These petitions were transferred to the State Administrative Tribunal and finally these petitions were allowed and it was held that the ex-servicemen could not be granted seniority over the members of the first batch. It is not disputed before us that this order of the Tribunal has attained finality and has been approved by the Apex Court. In the meantime, the ex-servicemen had already allotted 1980 as the year of allotment in the I.A.S. After the order was passed by the Tribunal and affirmed by the Apex Court the year of allotment of the ex- servicemen was changed from 1980 to 1984. The respondents made a prayer that they were entitled to 1980 as their year of allotment in the I.A.S. This prayer was opposed solely on the ground that the respondents had not officiated against a cadre post during this period. The Tribunal held and rightly so that the respondents could not officiate against a cadre post due to the fact that they had been shown below the ex- 3 servicemen in the seniority list. This was not due to any fault on the part of the respondents but due to the fact that wrong seniority list had been drawn. The respondent should not suffer for the same. We may also note that both the respondents have since retired from service and have been granted all the benefits in terms of the aforesaid judgment. For the aforesaid reasons, we feel that the orders of the learned Tribunal calls for no interference and the petition is dismissed. No order as to costs. ( Deepak Gupta ), J. July 23, 2008 ( V. K. Ahuja ), J. PV