IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 6476 of 2008 Decided on: 09.11.2010 Udho Dass …. Petitioner Versus State of H.P. and another …. Respondents Coram : The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge For the petitioner: Mr. Sandeep Chauhan, Advocate. For the respondents: Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General. Justice Kurian Joseph, C.J. (Oral): The writ petition is filed with the following prayers:- “(a) that the respondents may be directed to revive the seniority of the applicant as contained in Annexure A/2 in the cadre of Clerks and to re-fix the same after giving weightage of his full approved period of armed forces service i.e. 22 years, inconformity with the provisions of Rule 5 of the Demobilized Armed Forces Personnel(Reservation of vacancies in Himachal State Non- Technical services) Rules, 1972 and the seniority list Annexure A/2 be quashed qua the applicant. (b) that the respondents be further directed to hold a review D.PC. to consider the applicant for promotion as Senior Assistant after completion of three years qualifying service in the lower rank of clerk/Senior clerk in terms of the instructions of the State Government as contained in letter dated 23rd February, 1989 (Annexure 2 A/1) and to promote him in the said higher rank from the due date i.e. April 1991 and to grant him all the consequential benefits accruing therefrom i.e. arrears of pay alongwith interest at the rate of 15% per month from the date due till the actual date of payment thereof. (c) that the seniority assigned to applicant in the se3niority list of Senior Assistants as it stood on 31.3.1999 Annexure A/4 be accordingly set aside and quashed and the respondents be directed to prepare a seniority list of Senior Assistants in the light of the fresh promotion orders of the applicant from retrospective effect i.e. April 1991, the date from which he had become eligible for the said promotion. (d) that the respondents be further directed to consider the applicant for promotion from the post of Senior Assistant to the next higher rank of Superintendent or the Niab Tehsildar, as the case may be, in the light of his revised seniority as Senior Assistant and to promote him as such in accordance with rules from retrospective effect and to grant him arrears of pay resulting therefrom alongwith interest at the rate of 15% per annum from the date due till the actual date or payment thereof.” 2. In reply at para 3, it is stated as follows: “That the applicant has never challenged his seniority position right from his appointment as Clerk in this office establishment whereas the seniority lists of clerks have been circulated form time to time. The applicant was appointed against the reserved post for Ex-serviceman as a Clerk in this office establishment on 13.4.1987. He has been promoted as Sr.Clerk as per seniority in accordance with HP Govt. Notification No.Fin(C)B(7)6/88 dated 23rd July, 1990. Thereafter the applicant has been promoted to the post of Sr. Assistant under the provision of Rule 5.1 of the Demobilized Armed Force Personnel (Reservation of Vacancies in HP State Non-Tech. Services) Rules, 1972.” 3. There is no rejoinder. In case the petitioner has any dispute with regard to the factual and legal position, as stated above, 3 it will be open to him to approach the first respondent, in which case appropriate action, in accordance with law, will be taken by the first respondent within another four months. 4. The writ petition is disposed of, so also the miscellaneous application(s) if any. Dasti copy. (Justice Kurian Joseph), Chief Justice (Justice V.K. Ahuja ), November 09, 2010 Judge (BSS/Tilak) 4