IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 5388 of 2008. Decided on: October 22, 2010. Om Parkash. …..Petitioner. Versus State of H.P.& Ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner: None. For the Respondents: Mr. Ankush Dass Sood, Addl. A.G. for respondents No. 1 & 2. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers:- “i) That the impugned Annexure: A-8, dated nil issued in the year 1994 and Annexure: A-10, dated 12.10.1998 may be quashed and set aside; ii) That the respondents No. 1 & 2 may be directed to count the applicant’s services rendered w.e.f. 28th February, 1984 to 16th April, 1988 for the purpose of seniority; iii) That the respondents No. 1 & 2 may be directed to re-do the seniority list after counting the service rendered by the applicant w.e.f. 28th February, 1984 to 16th April, 1988 and to assign him the seniority at Sr. No. 3 after Shri Om Dutt.” 2. In the reply, at paragraph 8, it is stated as follows: “ Para 8: ……….. The applicant was taken initially on deputation basis as Youth Organiser in the absence of Recruitment and Promotion Rules. In the meantime Recruitment and Promotion Rules were finalized and issued vide Notification No. 1-17/82- YSW-Estt. Dated 19.10.1984. The Recruitment and Promotion rules for the post of Youth Organiser 2 provided for 100% direct recruitment and the Department made direct recruitment through the H.P. Public Service Commission. The applicant could have applied for thee direct posts instead the applicant continued on deputation even after the joining of direct recruits. As per Government instruction issued vide Personnel Department Letter No. PER (A-II) B (19) 8/78 dated 16th January, 1979 the service rendered while on deputation will not count for seniority. Assignment of retrospective seniority will lead to great disadvantage to the seven direct recruitee of this category who have been joined their services on 26.2.1986, 25.7.1986, 1.4.1985, 17.4.1985, 1.4.1985, 10.10.1987 and 15.9.1987 respectively. Copy of Letter No. PER (A-II) B(19)-8/78 dated 16th January, 1979 and a copy of Recruitment and Promotion Rules Annexed at R-I and R-II.” 3. In case the petitioner has any dispute with regard to the factual and legal position as stated above, it will be open to him to approach the first respondent in which case, the matter will be duly considered by the first respondent with notice to the petitioner and affected parties and action in that regard will be taken within another four months. 4. The writ petition is disposed of accordingly. Copy Dasti. (Justice Kurian Joseph), Chief Justice. October 22, 2010. ( Justice V.K. Sharma ), (karan/vs) Judge.