IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1540 of 2008. Decided on: May 10, 2010. Prem Chand & ors. ….. Petitioners. Versus H.P.S.E.B. & ors. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B.Misra, Judge. For the petitioner (s) Mr. Ramakant Sharma, Advocate. For the Respondents Mr. Trilok Jamwal, Advocate, for respondent No.1. Mr. R.K.Sharma, Sr. Addl. AG for respondent No.2. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The Writ Petition is filed with the following prayer: “It is therefore respectfully prayed that this writ petition may kindly be allowed and a writ of certiorari may be issued against the respondents and the impugned instructions, seniority list and orders Annexure P-3, P-4, P-7 & P-8 may be quashed and set aside and the respondent No.1. may be directed to recall and modify the instructions dated 18.8.1995 in view of the law laid down by the Hon’ble Apex Court reported in 2007 (5) SCC page 535 and then to issue revised provisional and final seniority list of Assistant Engineers/Assistant Executive Engineers by determining the seniority of the Junior Engineers who acquired AMIE from the date of acquiring qualification and to review the promotion of respondent No.3 and consider the cases of the petitioners for promotion as Senior Executive Engineers as per the law laid down by the Apex Court, the records of the case may be summoned and the petitioners burdened with costs, in the interest of justice.” 2. It is submitted that the issue is covered in favour of the petitioner by a judgment of Division Bench of this Court in CWP No. 2 1358 of 2008, S.S.Kutlehria and others vs. State of H.P. and others and connected case. 3. Learned Senior Additional Advocate General points out that the Division Bench in the said judgment has already held that the benefit will be limited to the persons covered by the said judgment. But we find from the judgment itself that there is a direction in the judgment to rework of seniority. Such reworking of seniority is on principle, in the light of judgment of Supreme court in Shailendra Dania and others vs. S.P. Dubey and others, (2007) 5 SCC 535. Therefore, it will be only appropriate that benefit of reworking of seniority is extended to all the eligible incumbents. 4. Therefore, there will be direction to the first respondent to consider the case of the petitioners in the light of the aforesaid observations and also the judgments referred to above, thereafter re- draw the seniority and take appropriate action in the matter in accordance with law within a period of one month from the date of production of the copy of this judgment alongwith copy of the Writ Petition and judgments, referred to above. 5. The Writ Petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. May 10, 2010. ( Justice R.B.Misra ), (karan) Judge.