1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 9072 of 2008 . Date of decision: 22.3.2011 ________________________________________________________________ Purshottam Singh ......Petitioner. Versus State of H. P. and others. ......Respondents Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: Mr.Neel Kamal Sharma, Advocate. For the respondents : Mr. Anil Jaswal, Dy. Advocate General. Justice V.K. Sharma, J. (Oral). The petition has been filed on the following prayers vide para 7 (i) and (ii): “i) The seniority list, Ann-PD,be quashed and respondents be directed to prepare fresh seniority list wherein the applicant be placed at an appropriate place; his senty. Position be determined in view of his past service having been already allowed in his favour. ii) The applicant prays that all those notification/instructions/orders, if any, which deny the benefit of counting of past service to the applicant, may also be declared null and void and be quashed being arbitrary.” 1 Whether reporters of Local Papers may be allowed to see the judgment? No. 2 2. In reply on behalf of the respondents the following stand has been taken vide paras 6(f) and 7 (i) :- “ 6(f). The applicant has been placed in the seniority list of Forest Guards as it stood on 1.4.2001 in respect of Mandi Circle circulated by respondent No.3 at serial number 199, keeping in view the instructions contained in H. P. Govt. letter No. Ft.B(2)-4 dated 25.7.1990 under para 3 vide which it has been suggested that concerned Forest Guards be placed junior/below in the concerned cadre in the seniority list (Attested copy is annexed as Annexure R-I) (English translation R-I/A). As per these instructions the service rendered by the Forest Guard in the defunct Indo-German Dhauladhar Project Palampur had regularized for pensionary benefit w.e.f. 21.6.1982 i.e. from the date of option exercised by the Forest Guard for subscription of G.P.F. Vide D.F.O's J/Nagar Office order No. 77/1995-96 dated 20/7/95 (Attested copy annexed as Annexure R-III). 7(i). In view of suggestion/directions given by Financial commissioner-cum-Secretary (Forests) to the Govt. of H.P. vide letter No. Van(B) (2)-4/80-4 dated 25/7/90, the applicant has been placed at an appropriate place in the seniority list of Forest Guards of Mandi Circle. No further change in his seniority is possible.” 3. Rejoinder refuting the above stand on behalf of the respondents and reiterating the averments set up in the petition has 3 been filed. 4. In view of the above reply, in case the petitioner still has any surviving grievance, he shall be free to make a representation along with copy of this judgment to the respondents/competent authority within one month from today, who shall consider the same and take a final decision in the matter within next three months in accordance with law, after affording an opportunity of being heard to the petitioner, if so desired. 5. The petition stands disposed of, so also pending CMP(s), if any. (V.K. Sharma) Judge 22nd March, 2011. (jai)