1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 4590 of 2008 Date of decision: 4.8.2010 Roshan Lal ….. Petitioner. Vs. The H.P. State Electricity Board and others …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Tek Chand Sharma, Advocate. For Respondents : Mrs. Anjula Khajuria, Advocate, for respondent No. 1 to 3. Justice Kurian Joseph, C.J. (Oral) The application is filed with the following prayer:- “ That the seniority list prepared by the respondents vide its order dated 23.4.1997 may kindly be declared null and void and operation of the same be stayed and in the meantime the respondents be directed not to hold any DPC for the promotion of ALM of the T.mates of this Wing till final decision of the application.” 2. In the reply, at Paragraph 1, it is stated as follows:- “In context, the replying respondents submit with utmost respect that the applicant herein was engaged on daily waged basis w.e.f. 10/06/1985 and remained as daily waged worker 2 upto 30/08/1987. Thereafter applicant was appointed as workcharged T/Mate w.e.f. 31/08/1987 after obtaining relaxation for filling up the posts of T/Mates by direct recruitment in workcharge capacity vide Secretary HPSEB, Shimla letter No. HPSEB/Sectt/321-12/87-44949- 51 dated 20/04/87 in order to execute the time bound works (copy enclosed as Annexure R-1). The services of the applicant was brought on regular cadre w.e.f. 17/6/1991 vide office order endorsement No. TCS/WC-19/90-91-6437-40 dated 16/07/1991 (Copy enclosed as Annexure R-II). The seniority of the applicant has been maintained strictly according to the instructions of the Board by deducting three years service in workcharged capacity as per order No. HPSEB/SEctt/2-22/72-1-16516-17 dated 12/03/74 and assigned deemed as 31/08/1990 in the regular cadre for the benefit of seniority as well as for promotion (copy enclosed as Annexure R-III). The names of the T/Mates seconded to NJPC has been inducted in the seniority list of this Circle as per orders of the Board issued vide No. HPSEB (Sectt)/321-8/NJPC/96-14461-66 dated 23/01/96 and No. HPSEB/Sectt/321-8/NJPC/96- 119383-84 dated 05/11/96 ( copy enclosed as Annexure R-IV and R-V). Thus there is no error apparent on the fact of record while finalising the seniority list. The applicant has rightly been assigned the proper place in the seniority list. Therefore the action of the replying respondents is perfectly legal and intra vires and bonafide one. Therefore the applicant herein is not entitled for any relief much less the relief herein prayed for.” 3 3. As per application, the petitioner has been borne to the regular cadre on 17.6.1991 (as per Annexure R-2) and hence the seniority is to be counted only from that date. In case, the petitioner has any dispute with regard to the stand taken by the respondents and in view of the intervening developments, the petitioner has still any grievance, he may approach the first respondent, in which case, the same will be duly considered by first respondent with notice to the petitioner and affected parties and the appropriate orders will be passed in four months. 4. The petition stands disposed of, so also the pending application (s) if any. (Justice Kurian Joseph), Chief Justice (Justice Kuldip Singh), Judge. August 4, 2010 (sks/pankaj)