IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 5188 of 2008 (OA 1393/98) Date of Decision : May 11, 2010 Sh. Narain Dutt Petitioner Versus Himachal Pradesh State Electricity Board & others Respondents Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. S. S. Sood, Advocate, vice Mr. Neel Kamal Sood, Advocate, for the petitioner. For the respondent : Ms. Anjula Khajuria, Advocate, for the respondents. Sanjay Karol, J. (Oral) The petitioner has prayed for the following reliefs:- “(i) By directing the respondents to take into account the entire service rendered by the applicant under the H.P.S.E.B. from the date of his appointment for the purposes of seniority and promotion. (ii) Directing the respondents to place the name of the applicant at appropriate place in the seniority list of Assistant Lineman as per his seniority and length of service rendered by him in HPSEB. Whether reports of Local Papers may be allowed to see the judgment? 2 (iii) By directing the respondents to promote the applicant from the date when the person immediately next junior to him, he was promoted as Lineman and subsequently Foreman. (iv) By directing the respondents to pay all the consequential benefits due to re-fixation of seniority and promotion as also arrears of salary from the back date of his promotion as Lineman and subsequently Foreman alongwith interest @ 18% per annum. (v) Any other relief which this Hon’ble Tribunal may deem just and proper in the facts and circumstances of the case explained here-in- above may also be granted in favour of the Applicant. (vi) Record pertaining to the present case may also be summoned in this Hon’ble Court to arrive at just conclusion.” 2. The respondents in their return have taken the following stand:- “In context, the replying respondents submit with utmost respect that the applicant herein was initially appointed as T/Mate Work-charged on 19.9.70 by the Executive Engineer, Electrical Division, Solan and posted in Electrical Sub-Division, Rajgarh, where he remained upto 31.8.71. The services of applicant were taken in the respondent Board w.e.f. 1.9.71. Thereafter the applicant was transferred from Electrical Sub- Division, HPSEB, Rajgarh to Electrical Sub-Division No. I, Solan under the above Division i.e. Solan Electrical Division in the interest of Board’s works. The service(s) 3 of the applicant were regularised as T/Mate Work- charged w.e.f. 21.9.72 by the replying respondents. Subsequently the applicant alongwith other staff working in the transformer repair work shop, Solan was transferred under the incumbency of M & T Division, Solan w.e.f. 13.3.73 by the replying respondents vide order No. HES/EWC-II/73-18838-56 dated 28.2.73 (Annexure RA-I). The applicant remained under M&T Division upto 14.7.76. The applicant was re-transferred from M&T Division, Solan to Electrical Division, Solan, on his own request alongwith others vide order No. CEO/EL-3-t/76-III-8711-41 dated 14.7.76 (Annexure- RA-II). Since the applicant herein was transferred on his own request as such his seniority was devotailed alongwith similarly situated persons viz in the seniority of his cadre in Electrical Division, Solan cadre being that of Divisional level. Accordingly the seniority of the applicant herein was maintained/being maintained as per R & P Regulation in the next grade of ALM and Lineman. The copy of the same is placed on record as per Annexure-RA-III. The applicant herein has rightly been placed at Sr. No. 145 of the seniority list and the applicant herein accepted the same without any protest demur since 1985 and did not make any representation in this behalf. Therefore he is not entitled for any relief at this belated stage of time after 13 yrs.. The applicant was accordingly promoted as ALM on the basis of seniority position in lower grade of T/Mate and accordingly further promoted as Lineman w.e.f. 21.1.95. So far as the claim of applicant for the promotion as Foreman, it is submitted with utmost respect that the cadre of Foreman as per existing R & P regulation is maintained at Chief Engineer level and as 4 such the claim of the applicant for promotion as Foreman shall be considered by the concerned authority of the replying respondents strictly according to the seniority position of the applicant at the appropriate time according to the vacancy position of Foreman. Therefore, the application a part for long time barred is not maintainable and deserves dismissal only.” 3. There is no rejoinder filed by the petitioner to the same. 4. Admittedly the petitioner had voluntarily exercised his right of being transferred to the M & T Division. The seniority list was circulated in the year 1985 to which the petitioner did not have any objection. Seniority was determined and list prepared in accordance with the R & P Rules. 5. No legally enforceable right of the petitioner stands violated. The present petition being devoid of any merit is thus dismissed. (Sanjay Karol), Judge. May 11, 2010 (PK)