IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 2389 of 2008. Decided on: 18.03.2009. Subhash Chand Dhiman. … … … Petitioner. Versus State of Himachal Pradesh and others… … … Respondent. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?No1. For the petitioners: Mr. Deepak Kaushal, Advocate. For the Respondent No.1: Mr. R.K. Sharma, Senior Additional Advocate General with Shri Rajinder Dogra, Additional Advocate General and Shri Vikas Rathore, Deputy Advocate General. Rajiv Sharma, Judge (Oral): The petitioner was appointed as an Assistant Engineer in the year 1979. He was posted in Sub Division No.II, Una. A memorandum was issued to him on 1.1.1994. He filed reply to the same on 6.1.1994. The disciplinary authority had imposed a penalty of “Stoppage of one increment without cumulative effect” on the petitioner on 26.10.1994. He preferred an appeal against this order, which was rejected by the Whether reporters of local papers may be allowed to see the judgment? No. - 2 - Appellate Authority without a speaking order on 28.12.1994. The petitioner had assailed these orders by way of CWP (T) No.2390 of 2008 (O.A. No.3333 of 1994). The same have been quashed by this Court today. The petitioner became eligible for promotion to the post of Executive Engineer in the year 1994. He was not considered for promotion after the imposition of penalty on 26.10.1994 and the persons junior to him i.e. Mohinder Kumar and Suresh Kumar were promoted to the post of Executive Engineers vide Notification dated 3.12.1994. The petitioner was at Sr.No.36 of the Seniority list of Assistant Engineers, issued on 19.12.1979. The respondents No.2 and 3 were at Sr.No. 37 and 38. The petitioner case was directed to be considered for promotion by the Tribunal in its order dated 4.5.1994. The adhoc appointments were made on the basis of seniority. Since the orders dated 26.10.1994 and 28.12.1994 have been quashed by this Court, he is bound to be considered for promotion from the date his juniors were considered to the post of Executive Engineers i.e. 3.12.1994. This Court has already returned a finding in the petition CWP (T) No. 2390 of 2008 filed by the petitioner assailing the orders dated 26.10.1994 and 28.12.1994 that the same were actuated with legal malafides. Accordingly, the writ petition is allowed and the respondents are directed to consider the case of the petitioner for promotion with effect from 3.12.1994. He is held entitled to all the consequential benefits. No costs. March 18, 2009. (Rajiv Sharma) (rkv). Judge. - 3 - - 4 -