`IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 225 of 2010 Reserved on : 23.6.2011 Decided on : 14 .07.2011 State of H.P. and others ……..Appellants vs. Shankar Lal ……Respondent Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the appellants : Mr. R.K. Bawa, A.G, with Mr.Ankush Dass Sood, Addl.A.G and Mr. J.K. Verma, Dy. A.G. For the respondent : Mr. P.P. Chauhan, Advocate. Justice V.K. Sharma, Judge. Judgment dated 13.3.2009, rendered by a learned Single Judge of this court in CWP(T) No. 2083 of 2008, Inder Singh vs. State of H.P. and others and the connected matters, is under challenge in the present Letters Patent Appeal. Text of the judgment is as follows:- “In sequel to the directions issued by this Court on 23.12.2008, the Corporation has issued Office Order, dated 27.2.2009. The operative portion of the order, dated 27.2.2009 reads thus:- 2 “Now so far as inter-se-seniority of the candidates of Kangra District and Solan District is concerned in the absence of combined merit lists their inter-se-seniority cannot be worked out at this stage. It is also a settled law that long drawn seniorities should not be disturbed, therefore, all four officials of Solan District be placed en-block below the officials selected in the Kangra District and above the official selected in Directorate of Food and Civil Supplies, Hamirpur and Kinnaur Districts. As such seniority lists needs to be revised accordingly. All the four candidates of Solan District will be entitled for the notional benefits as a result of their placement in the revised seniority lists at par with their juniors.” It is evident from the bare perusal of this order, dated 27.2.2009 that the corporation has decided to revise the seniority list. However, the petitioners have been held entitled only for notional benefits as a result of their placement in the revised seniority list. The seniority is though not a fundamental right, but it is a valuable right. The promotions to the higher posts are based on seniority on the principle of seniority- cum-merit. In the present case, once the corporation has taken a conscious decision to assign the due seniority to the petitioners, the same has to be taken to its logical end. The petitioners are bound to be considered for 3 promotion on the basis of revised seniority list and in case they are found suitable for promotion, they are bound to get the consequential benefits as well. Accordingly, the respondents are directed to consider the case of the petitioners on the basis of re-drawn seniority list within a period of eight weeks from today for further promotion with all the consequential benefits. With these directions, the writ petitions are disposed of. No costs.” 2. It is seen that the learned Single Judge while issuing a direction to the respondents to consider the case of the petitioners for further promotion on the basis of re- drawn seniority list within a period of eight weeks from the date of the judgment, i.e 13.3.2009, has also granted the relief of consequential benefits in favour of the petitioners. 3. The original applications (O.As) were filed in the erstwhile H.P. State Administrative Tribunal on 4.11.1992. On abolition of the said tribunal the same were transferred to this court and registered as CWP(T) Nos. 2083, 2084, 2085 and 2086 of 2008. In view of the law laid down by the Hon’ble Supreme Court in Jai Dev Gupta vs. State of Himachal Pradesh and another, AIR 1998 Supreme Court 2819, the consequential benefits accruing out of the impugned judgment dated 13.3.2009, are liable 4 to be restricted to a period of three years prior to the filing of the original applications, i.e 4.11.1989. Direction issued by the learned Single Judge with regard to payment of consequential benefits is accordingly modified and the appeal is allowed to this extent. To be explicit the consequential benefits, if any, arising out of the impugned judgment dated 13.3.2009, shall be payable to the petitioners only w.e.f. 4.11.1989 and not prior to that. 4. The appeal, so also the pending application(s), if any, stand disposed of in the above terms. (Justice Kurian Joseph), Chief Justice (Justice V.K. Sharma) Judge. 14th July , 2011 (LSP)