IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1815/2009 alongwith CWPs No. 1840, 1841, 1899, 1901, 1902, 1917, 1957, 1958, 2009, 2010, 2011, 2012, 2013, 2014 & 2015, 2228/2009 Decided on:22.7. 2010. 1. CWP No. 1815/2009 Kuldeep Chand. ...Petitioner. Versus State of Himachal Pradesh and others. ... Respondents. 2. CWP No. 1840/2009 Brij Lal and others. ...Petitioners. Versus State of Himachal Pradesh and others. ... Respondents. 3. CWP No. 1841/2009 Piare Lal & others. ...Petitioners. Versus State of Himachal Pradesh and others. ... Respondents. 4. CWP No. 1899/2009 Ramesh Kumar. ...Petitioner. Versus State of Himachal Pradesh and others. ... Respondents. 5. CWP No. 1901/2009 Chagger Singh. ...Petitioner. Versus State of Himachal Pradesh and others. ... Respondents. 6. CWP No. 1902/2009 Ramesh Chand. ...Petitioner. Versus State of Himachal Pradesh and others. ... Respondents. 7. CWP No. 1917/2009 Suresh Kumar Chopra & others. ...Petitioners. Versus State of Himachal Pradesh and others. ... Respondents. 8. CWP No. 1957/2009 Rajinder Kumar. ...Petitioner. Versus State of Himachal Pradesh and others. ... Respondents. 9. CWP No. 1958/2009 Jai Pal. ...Petitioner. Versus State of Himachal Pradesh and others. ... Respondents. 2 10. CWP No. 2009/2009 Vijay Katoch. ...Petitioner. Versus State of Himachal Pradesh and another. ... Respondents. 11. CWP No. 2010/2009 Gurdas Singh. ...Petitioner. Versus State of Himachal Pradesh and another. ... Respondents. 12. CWP No. 2011/2009 Vikram Chand. ...Petitioner. Versus State of Himachal Pradesh and another. ... Respondents. 13. CWP No. 2012/2009 Onkar Singh. ...Petitioner. Versus State of Himachal Pradesh and another. ... Respondents. 14. CWP No. 2013/2009 Amar Singh. ...Petitioner. Versus State of Himachal Pradesh and another. ... Respondents. 15. CWP No. 2014/2009 Prithvi Singh. ...Petitioner. Versus State of Himachal Pradesh and another. ... Respondents. 16. CWP No. 2015/2009 Parkash Chand. ...Petitioner. Versus State of Himachal Pradesh and another. ... Respondents. 17. CWP No. 2228/2009 Manohar Lal. ...Petitioner. Versus State of Himachal Pradesh and another. ... Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 Whether the reporters of the local papers may be allowed to see the Judgment? 3 For the Petitioner(s) : Mr. Sanjay Dutt Vasudeva, Advocate and Mr. Amandeep Sharma, Advocate in respective petitions. For the Respondents: Mr. R.K. Sharma, Sr. Addl. A.G. (in all the petitions). Mr. J.R. Thakur, Advocate for respondent No.4 in CWP No. 1815/2009 Justice Rajiv Sharma Since common questions of law and facts are involved in all these petitions, the same are taken up together for hearing and are being disposed of by a common judgment. 2. State Government has taken a conscious decision regarding amalgamation of Consolidation Department with Settlement Department and to treat consolidation staff as dying cadre. 3. Case of the petitioners, in a nutshell, is that they have been transferred/deployed on secondment basis by ignoring seniority and without permitting them to exercise options. 4. Mr. R. K. Sharma, learned Senior Additional Advocate General has undertaken that the petitioners cases for transfer shall be considered strictly on the basis of seniority and also on the basis of options to be exercised by them with a rider that in case the posts are not available in a particular District Headquarters, an incumbent shall be adjusted on the basis of seniority and option in the adjoining District. 5. Accordingly, the respondent-State is directed to undertake fresh exercise to post/transfer/deploy the petitioners on secondment basis after seeking their options strictly on the basis of seniority. Needful be done within a period of eight weeks from the 4 date of production of certified copy of the judgment by the petitioners. 6. In the light of above, the petitions are disposed of so also the pending application(s). There shall, however, be no order as to costs. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma) Judge. 22.7.2010. *awasthi*