IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 2156/2008 Reserved on: 8.9.2009 Decided on:17.9. 2009 ________________________________________________ S.K. Aggarwal. …Petitioner. Versus State of Himachal Pradesh and others. … Respondents. __________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Raman Sethi, Advocate. For Respondent No.1 : Mr. R.K. Sharma, Sr. Additional Advocate General with Mr. Rajinder Dogra, Additional Advocate General. ________________________________________________________ Rajiv Sharma, Judge. Brief facts necessary for the adjudication of this petition are that the petitioner was appointed as Assistant Engineer in the State of Punjab on 21.8.1962. He was allocated to the State of Himachal Pradesh on 1.11.1966. He was promoted to the post of Executive Engineer on 17.1.1969 and was promoted to the post of Superintending Engineer on ad hoc basis with effect from 19.8.1981. Thereafter he was promoted to the post of Chief Engineer on ad hoc basis on 29.6.1989. He was appointed as Chief Engineer on regular 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 basis on 4.10.1989. The final seniority list of Assistant Engineer was issued on 5.5.1976. Thereafter the final seniority list was published on 1.7.1987. The final seniority list of Executive Engineers was again published on 7.7.1988. The seniority list of Assistant Engineers was challenged before the learned Himachal Pradesh Administrative Tribunal by number of Engineers. The learned Tribunal decided TA No. 212/86 on 11.7.1991. The learned Tribunal directed that the seniority list of the Assistant Engineers as it stood on 1.1.1987 should be taken as final and the Departmental Promotion Committee should be convened accordingly. The respondent-State issued provisional seniority list of the Executive Engineers on 22.2.1993. The petitioner made representation against the order on 9.3.1993. However, the final seniority list of Executive engineers (Civil) was notified vide letter dated 15.3.1993 (Annexure P-10). The petitioner has assailed the final seniority list dated 15.3.1993 by way of present petition. He also sought the direction to the respondents for quashing the promotion of the private respondents effected with effect from 9.11.1968 and 27.11.1969, respectively. Mr. Raman Sethi, Advocate appearing on behalf of the petitioner has vehemently argued that the final seniority list of the Executive Engineers (Civil) issued by the respondent-State on 15.3.1993 is illegal. According to him, his client always remained higher in the seniority list vis-à-vis private respondents. He lastly contended that the private respondents were eligible for promotion in the year 1971. Mr. R.K. Sharma, learned Senior Additional Advocate General has supported the issuance of final seniority list Annexure P-10. 3 I have heard the learned counsel for the parties and have perused the pleadings carefully. The petitioner was appointed as Assistant Engineer on 21.8.1962. He was allocated to the State of Himachal Pradesh on 1.11.1966. The private respondents had been working as acting Sub Divisional Officers since 12.7.1960, 8.7.1960 and 27.11.1961. The State Government has taken up the matter with the Government of India to count the services of the acting Sub Divisional Officers towards eligibility criteria for promotion to the post of Executive Engineers. The Government of India vide letter dated 23.9.1966 had clarified that the continuous services rendered as Sub Divisional Officers followed by services rendered by Assistant Engineers has been allowed to be counted towards the eligibility period prescribed for promotion to the post of Executive Engineer. The petitioner has not assailed the decision of the Government of India whereby it has decided to count the continuous services discharged by the Section Officers towards the seniority for the post of Executive Engineer. It is in these circumstances that the private respondents No. 2 to 4 became eligible for promotion with effect from 12.7.1960, 8.7.1960 and 27.11.1961. The petitioner was appointed on 21.8.1962. He has become eligible for promotion to the post of Executive Engineer on 21.8.1970. The learned Himachal Pradesh Administrative Tribunal after quashing the earlier seniority lists had approved the seniority list issued before 1.7.1987 (Annexure A-2). The Departmental Promotion Committee met after the direction issued by the learned Himachal Pradesh Administrative Tribunal. The Departmental Promotion Committee made promotions to the post of Executive Engineer on the 4 basis of seniority list of Assistant Engineer as on 1.11.1966 issued on 1.7.1987. The petitioner cannot take advantage of the seniority lists issued before 1.7.1987 for the simple reason that the same stood quashed by the learned Himachal Pradesh Administrative Tribunal. The State Government after the issuance of final seniority list of Executive Engineers on 15.3.1993 has also issued the final seniority list of Superintending Engineers on 5.8.1993. Accordingly, in view of the observations made hereinabove, there is no merit in the petition and the same is dismissed. There shall, however, be no order as to costs. (Rajiv Sharma), Judge 17.9. 2009. *awasthi*