IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1130 of 2006. Decided on: 8.3.2011. ___________________________________________________________ Virender Singh and others. … Petitioners. Versus Union of India and others. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the petitioners : Mr. Surinder Sharma, Advocate. For respondents No. 1 to 4 : Mr. Y.P.S. Dhaulta, Central Govt. Standing Counsel. For respondent No. 5 to 8, 10, : Mr. Rakesh Dogra, Advocate. 13, 14, 17 & 18. For respondents No. 9, 11, 12 : Nemo (Ex parte) 15 and 16. For respondent No.19 : None despite actual date intimation. ___________________________________________________________ Justice V.K. Sharma, Judge (Oral). The petition has been filed on the following prayers vide para 7 (i) & (ii):- “7 (i). That the impugned Annexure-PH, dated 22.3.05 and Annexure-PK, dated 6.3.06 may be quashed and set aside. (ii) That respondents No. 1 to 4 may be directed to re-do the entire seniority lists i.e. Annexures- PH & PK and to assign due seniority to the petitioners as had been assigned to them on the basis of seniority lists issued, vide Annexures-PE, PF & PG respectively.” 2. Respondents No. 1 to 4 have taken the following stand vide paras 9 (i) and 11 of their reply:- “9(i). Not denied upto 22/03/05 only draft seniority lists of HC/RO were circulated from time to time which were contrary to the provisions of relevant recruitments rules and provisions 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 contained in sub para-g of para-3 standing order 6/88 “Annexure R-I” issued vide No. 1- 19014/10/88/Estt-B date 26/2/1988 and subsequent instructions issued vide Dte Genl ITBP Memo No. I-14015/13/91 Estt.-B dated 03/04/91 Annexure R-II and dtd 18-09-91 in which clear directions were issued that personnel appointed as NK/RO by conversion from LNK/CTs [GD] will be adjusted against the vacant post of NK/RO and will be appointed as NK/RO from the date of qualifying ROG-IIIrd. Course. In the light of above directives revised draft seniority list was circulated vide Comdt. Telecom Bn Memo No. 1982 dtd 22.03.05 and subsequently revised seniority list circulated vide memo No. 1369 dtd 09-03-06 in which seniority of personnel appointed as NK/RO by conversion from LNK/CTS of various cadre has been refixed from the date of qualifying ROG/III-3rd course and with reference to the merit secured by them in the ROG/III course. 11. Not admitted. Since seniority list circulated prior to 2005 were not released in the light of provision contained in Sub Para-g of Para-3 of Standing Order-6/88 and recruitment rules in Force at the time of releasing seniority list. Hence need was felt to re-examine the seniority list released from time to time prior to 2005 and after detailed examination in the light of recruitment rules and Standing Order 6/88 and instructions issued by Dte Genl. as mentioned in Para-9 above fresh draft seniority list was circulated vide Telecom Bn Memo No. 1369 dtd 09-03-06 after due ratification of Directorate ITBPF.” 3. As per statement at the bar made by Mr. Rakesh Dogra, Advocate, learned counsel for the appearing private respondents, the said respondents have also adopted the reply filed on behalf of respondents No. 1 to 4. 3 4. Rejoinder refuting the above stand on behalf of respondents No. 1 to 4 and re-iterating the averments set up in the petition has been filed. 5. Bereft of details, the petitioners, who are transferee Naik (Radio Operator), are claiming seniority over the private respondents No. 5 to 19, who have been directly recruited to the said post. The challenge herein is to the tentative seniority list dated 23.3.2005, Annexure PH, followed by final seniority list dated 6.3.2006, Annexure PK. 6. In the peculiar facts and circumstances of the case, the petition is disposed of with a direction to respondent No.2 that subject to the petitioners making representation supported by documents along with a copy of this judgment within one month from today, the said respondent shall consider the same and take a final decision in the matter by way of a speaking order within further three months in accordance with law and taking into consideration the contentions raised in representation dated 23.4.2005, Annexure P1, submitted by petitioner No.1-Shri Virender Singh, which also covers the case of other petitioners, after affording an opportunity of being heard to the petitioners and private respondents No. 5 to 19/their duly authorised representatives, if so desired. 7. The petition stands disposed of in the above terms, so also pending application(s), if any. Copy dasti. (V.K. Sharma) Judge. March 8, 2011. (cr)