IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 5205 of 2008. [OA No.1430 of 1998] Date of Decision: 17th September, 2010. _______________________________________________________ Ajit Singh ....Petitioner. Versus Himachal Pradesh State Electricity Board and others …Respondents. Coram Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?1 Yes. For the petitioner: Mr. S.D. Gill, Advocate. For the respondents: Mr. Shashi Shirshoo, Advocate. _________________________________________________________ Surinder Singh, J.(Oral) The petitioner was promoted S.S.A. in Electricity Sub Division of respondent-Board at Darlaghat. His juniors were promoted as Junior Engineers in the year 1991, but he was not considered for his promotion, as such he filed OA No.1028 of 1994 before the erstwhile Tribunal. The petitioner was promoted and joined his duties as Junior Engineer in the aforesaid Sub Station on and with effect from 15.3.1995, but he was assigned seniority at Sr. No.170 instead of Sr. No.116 (a). Thus, he filed a Contempt petition No.21 of 1996, in the erstwhile Tribunal. Respondents tendered unconditional apology and was as such granted the seniority as prayed for vide its decision rendered on 6.6.1996. 2. The pay of the petitioner was fixed with effect from 12.4.1991, but other financial benefits were 1 Whether the reporters of Local Papers may be allowed to see the judgment? - 2 - granted with effect from 15.3.1995 the date when he was appointed as Junior Engineer. Whereas he was entitled for it with effect from 1991 as aforesaid when his juniors Shri Bansi Lal and others were promoted, but he was not granted the financial benefits despite his representation for the reason that during this period he did not work as Junior Engineer because he joined his duties as Junior Engineer on 15.3.1995. Hence, the petitioner filed OA. No.1430 of 1998 for the following relief: (a) That the respondents be directed to fix the financial benefits from the date of his promotion, i.e., 12.4.1991 and the order dated 12.3.1997 be quashed. 3. After the abolition of the State Tribunal the matter was transferred to this Court and registered as CWP (T) 5205 of 2008. 4. Heard and gone through the record. 5. The delay in promoting the petitioner with effect from the date he was found eligible, is attributable to the non-availability of the ACRs for the relevant period for which the petitioner could not have been faulted, as it was the duty of the respondents to keep the service record of the petitioner intact. The second objection raised by the respondents that the petitioner did not work as Junior Engineer with effect from 12.4.1991 to 15.3.1995, therefore, he was declined the other - 3 - financial benefits, is devoid of any force and is thus rejected. 6. Once the petitioner was found eligible to be promoted as Junior Engineer with effect from 12.4.1991, it was incumbent on the respondents to release his pay and other financial benefits on and from that date, as a responsive employer. 7. The fault is that of the respondents and not of the petitioner. Thus taking an exception to the stand taken by the respondents, it is ordered that since the petitioner was assigned the seniority on and with effect from 12.4.1991 as Junior Engineer, he was and is also entitled for the consequential financial benefits like his juniors, which are hereby directed to be paid and released to the petitioner by the respondents within a period of three months from today, failing which it shall carry an interest at the rate of 9% per annum till its realization, consequently order dated 12.3.1997 passed by the respondents is hereby quashed and set aside. 8. The petition stands disposed of. September 17th, 2010. (Surinder Singh), J. (rc)