IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 3155/2008 (OA 752/96) Date of Decision : April 09, 2009 Sh. Beli Ram Petitioner Versus The Secretary (Public Relations) to the Government of Himachal Pradesh and others. Respondents Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. L.N. Sharma, Advocate, for the petitioner. For the respondent : Mr. R. K. Sharma, Sr. Addl. Advocate General with Mr. Vivek Thakur, Addl. Advocate General and Mr. Anil Jaswal, Dy. Advocate General for respondents No. 1 and 2. None for respondents No. 3 to 6. Sanjay Karol, J. (Oral) The petitioner has prayed for the following reliefs: “i) That the Annexure A-2 dated 11.1.1993 and A-5 dated 15.6.1994 may kindly be quashed and set aside. ii) Directions may kindly be given to the respondents for fixing the name of the applicant at S. No. 64 by taking necessary steps of rectifying the mistake. iii) That the respondents may also kindly be directed to take necessary steps and refix the name of the 1 Whether reports of Local Papers may be allowed to see the judgment? 2 applicant at S. No. 64 by taking the initial date of his appointment w.e.f. 28.12.1988. iv) Any other writ order or directions as this Hon’ble Court may deem just and proper in the facts and circumstances of the case may also kindly be passed in favour of the applicant.” Annexure A-2 is letter dated 11.1.1993 wherein representation made by persons who were otherwise senior but wrongly placed junior in the seniority list prepared by the respondent department, was dismissed by the respondent State. Annexure A-5 is order dated 15.6.1995 passed by the respondent also rejecting the petitioner’s representation. It is the petitioner’s grievance that even though he was appointed as Tele Printer Operator (clerk) on 28.12.1998 but however private respondents 3 to 6 who were selected and appointed through Public Service Commission on 12.6.1989 were placed senior to him in the seniority list prepared on 11.1.1993 (Annexure A-2). Prior to the same the petitioner was kept senior in the tentative seniority list prepared by the department on 18.10.1991 (Annexure A-1). Petitioner made representation dated 7.6.1995 (Annexure A-4) which stood rejected in terms of the order dated 15.6.1995 (Annexure A-5). During the course of hearing it has been brought to my notice that one Shri Bhram Dass who was placed above the petitioner but below the private respondents, in the seniority list (Annexure A-2) 3 assailed the same before the erstwhile Himachal Pradesh State Administrative Tribunal vide Original Application No. 75/1996. The present petitioner was arrayed as respondent No. 8 in the said petition. The Tribunal decided the said petition on 17.12.2004, upholding the action taken by the respondents. The Tribunal found that the seniority list had been prepared in accordance with the merit and the position of the candidates determined by the Himachal Pradesh Public Service Commission. Admittedly the judgment dated 17.12.2004 has attained finality and the petitioner did not assail the same at any point of time. The respondents herein have also taken same and similar stand. In my view since the decision rendered in Original Application No. 75/1996 has attained finality, in these equitable proceedings interference is not warranted. Petition is dismissed as such. (Sanjay Karol), Judge. April 09, 2009 (PK)