The principle of a continuing wrong allows for relief in cases of delayed service-related claims, and monetary benefits may be restricted to a certain period prior to the filing of the petition.

JUDGMENT :

Vivek Singh Thakur, J.

These two petitions preferred by the same petitioner, seeking service benefits are being decided by this common order for involvement and appreciation of common facts and documents.

2. First petition O.A. No.281 of 2018 was filed by the petitioner before the erstwhile H.P. State Administrative Tribunal. The same, on abolition of erstwhile Tribunal, was transmitted to the High Court and was registered as CWPOA No.3865 of 2020 wherein, main reliefs sought by the petitioner, are as under:-

“(i) Quash the provisional Seniority List Annexure A-7 which after rejection of representation Annexure A-8 was circulated as the final seniority list.

(ii) Quash rejection of representation dated 08.11.2013 Annexure A-8.

(iii) Quash letter dated 16.7.2016 Annexure A-14 whereby the appeal filed by the applicant against rejection of representation was dismissed.

(iv) That respondents-authorities be directed to re-fix seniority of the applicant after taking into account service rendered in the Army will all consequential benefits of seniority and arrears.”

3. CWP No.72 of 2021 was preferred by the petitioner invoking Article 226 of the Constitution of India for the following reliefs:-

“(a) Issue an appropriate writ/order/direction directing the respondent to treat the petitioner to be deemed to have been appointed in service from 23.02.2002 i.e. 15 days of recommendation of came of the petitioner for appointment by H.P. Ex- servicemen Employment Cell Hamirpur alongwith all consequential benefits;

(b) Issue an appropriate writ/order/direction directing the respondent to consider the case of the petitioner for pension under CCA Pension Rules 1972 and grant the benefits thereof;

(c) Issue an appropriate writ/order/direction directing the respondent to consider the case of the petitioner for GPF subscription under GPF Rules 1960 and grant the benefits thereunder;

(d) If this Hon’ble Court finds that prayer a, b & c cannot be granted for any reason then the petitioner be allowed in the alternative compensation for the loss of pension etc. amounting to Rs.40 Lakhs.”

4. Undisputed facts, emerging from pleadings and material placed on record, are that in the year 2001 respondents-State/Department had decided to fill up 11 posts of Sub-Inspector by direct recruitment in Police Department, Himachal Pradesh, out of which 9 posts were to be filled through Himachal Pradesh Subordinate Service Selection Board (hereinafter referred to as ‘Selection Board’), one post was reserved for Ex-servicemen to be filled through Ex-servicemen Cell and one post was to be filled from Sports Quota amongst distinguished sports persons through Youth Service and Sports Department (hereinafter referred to as ‘Sports Department’).

5. In furtherance to process initiated for filling up 9 posts through the Selection Board, 9 candidates were recommended by the Selection Board for their appointment in January 2003. Whereas, name of the petitioner was sponsored against the post reserved for Ex-servicemen in February 2002 and name of one Firoz Khan was sponsored by the Sports Department against the post reserved for distinguished sports persons.

6. In the meanwhile, some complaints were received with respect to selection process through the Selection Board and interim stay order was also passed by the erstwhile Tribunal on 01.03.2001 in O.A. No.119 of 2001. There was no complaint or stay of any kind with respect to the seats to be filled through Ex-servicemen Employment Cell or Sports Department. Lateron, process initiated for filling up 9 posts, through the Selection Board, was cancelled.

7. Petitioner kept on representing to the respondents immediately after sponsoring of his name by the Ex-servicemen Cell. Vide communication dated 05.08.2002 (Annexure P-4 in CWP No.72 of 2021), he was informed by the office of Director General of Police, Himachal Pradesh that matter with respect to 9 posts to be filled through the Selection Board was under consideration and after c