IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No.7163 of 2011-H Date of decision: 06.12.2011. Roop Lal son of Shri Lachman Ram, resident of village Bhangla, Post Office Jarol, Tehsil Sundernagar, District Mandi, Himachal Pradesh, presently working as a Pump Attended (Helper) at Irrigation & Public Health Division Sarkaghat, Sub-division Baldwara, District Mandi, Himachal Pradesh. … …Petitioner Versus 1. State of Himachal Pradesh through its Secretary Irrigation & Public Health, Department, Government of Himachal Pradesh. 2. Chief Engineer, Irrigation & Public Health Department, Central Zone Mandi District Mandi, Himachal Pradesh. 3. The Superintendent Engineer, Irrigation & Public Health, Department Circle Sundernagar, District Mandi, Himachal Pradesh. 4. The Superintendent Engineer, Irrigation & Public Health, Department Circle Hamripur, District Hamirpur Himachal Pradesh. … …Respondents Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice. The Hon’ble Mr.Justice Dev Darshan Sud, Judge. Whether approved for reporting ?1 No. For the Petitioner: Mr.Bipin.C.Negi, Advocate. For the Respondents: Mr.R.K. Bawa, Advocate General with Mr.Ankush Dass Sood, Additional Advocate General. Justice Kurian Joseph,C.J.(Oral) Petitioner originally belongs to Sundernagar Circle of Irrigation & Public Health Department, while so, he was transferred to Sarkaghat Division which was in Sundernagar Circle. Sarkaghat Division was thereafter merged into 1 Whether the reporters of Local Papers may be allowed to see the judgement? 2 the Hamirpur Circle. It is the stand taken by the respondents that the petitioner’s seniority will be counted/based on his position in Hamirpur Circle. According to the petitioner, he being originally appointed in Sundernagar Circle, he should be sent back to Sundernagar Circle so that he will be entitled to have his seniority counted/ based on his entry in service in Sundernagar Circle. 2. In view of the dispute regarding the seniority, this Court directed the respondents to clarify as to whether the seniority is maintained Division-wise or Circle-wise. Affidavit has been filed wherein it has been stated that the seniority is maintained Circle-wise. If that be so, real prejudice would be caused to the petitioner, who originally belonged to Sundernagar Circle and on transfer to Sarkaghat Division, which is now with the Hamirpur Circle. 3. In the above circumstances, there will be a direction to respondent(s) to transfer the petitioner back to Sundernagar Circle within a period of one month from today and thereafter the petitioner shall be given original seniority in Sundernagar Circle. Needless to say that after being transferred to Sundernagar Circle, he will be posted as per the vacancy available in Sundernagar Circle. 4. The writ petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph) Chief Justice December 6, 2011 (Justice Dev Darshan Sud) (r/aks) Judge.