CWP(T) No. 7151 of 2008 06.10.2010 Present: Dr. Lalit Sharma, Advocate, for the petitioners. Mr. Vivek Thakur, Additional Advocate General with Mr. Rajesh Mandhotra, Dy. A.G. for the respondents/State. In reply the respondents have stated as under:- “Para-6: That in reply to this para it is respectfully submitted that the applicant was appointed as untrained Teacher in the respondent department in the year 1966 and passed his B.Ed. in the year 1968 and therefore the applicant was entitled for the seniority from the year of passing the B.Ed. Degree. But the applicant got the benefit of seniority from the date he was engaged as untrained teacher, for which he was not entitled. The fact came to the notice of the respondents when some similarly situate teaches also claimed seniority by disclosing the name of the applicant. The replying respondents immediately issued order for the proper assignment of seniority to the applicant from the date of acquiring B.Ed. Degree. The applicant feeling aggrieved with the order filed OA No. 1114 of 1993 titled as Lal Singh vs. State before this Hon’ble Tribunal and this Hon’ble Court has granted stay in favour of the applicant. The replying respondents has promoted the applicant in different stages, but he will be released other benefit only after the final orders passed in OA No. 1114 of 1993 which is pending adjudication before this Hon’ble Tribunal. Be it further submitted that the applicant has been promoted, by the replying respondents so that the applicant may not suffer any loss of promotions. Hence no injustice has been done to the applicant and his -2- dues will be released as per the decision passed in OA No. 1114 of 1993 by this Hon’ble Tribunal which is pending adjudication.” 2. Record of OA No. 1114 of 1993 titled as Lal Singh versus State of H.P. and others was called from which it is apparent that the said petition was dismissed in which the following order was passed:- “The learned counsel for the applicant states that the applicant has since died about one year past and no LRs is come on record. In these circumstances this original application stands abated and is accordingly dismissed. MA-(M)123/1994 Dismissed as infructuous.” 3. In view of the same respondents are directed to take consequential action within a period of three months from the date of receipt of the certified copy of the order. It is clarified that if the arrears are not disbursed within the aforesaid period then thereafter the petitioners shall be entitled to interest @ 9% per annum. Petition stands disposed of accordingly. (Sanjay Karol), Judge. October 6, 2010 (PK)