General category candidates senior in feeder cadre regain inter se seniority over earlier promoted reserved category roster-point promotees in higher cadre via catch-up rule, absent rules for consequential seniority.

JUDGMENT :

Jiya Lal Bhardwaj, J.

By way of present petition, the petitioner has prayed for the following substantive reliefs:-

“(a) That the entire record pertaining to the instant case may kindly be summoned and subjected to scrutiny by this Hon’ble Court.

(b) That this Hon’ble Court may kindly be pleased to issue a writ in the nature of certiorari, quashing the final seniority list appended along with the memorandum dated 09th July, 2012 (Annexure P-6) with all consequences.

(c) That this Hon’ble Court may very kindly be pleased to issue a writ in the nature of mandamus and to direct the respondents to redraw the seniority list by restoring the seniority of the present petitioner, above the respondent No.3 herein, as per the tentative seniority list (Annexure P-4) with all consequential benefits arising there from, including promotion etc.”

2. The precise grouse raised by the petitioner in the present petition is that as per the provisional seniority list of Assistant Engineer (Electrical), circulated vide Office Memorandum dated 01.12.2011 (Annexure P-4), he was assigned seniority at serial No.2. However, when the final seniority list was circulated vide Memorandum dated 09.7.2012 (Annexure P-6), his seniority position was changed to Sr. No.15 and private respondents have been shown senior, though, he was promoted to the post of Assistant Engineer (Electrical) earlier to them.

3. As per the averments made in the petition, the petitioner was appointed as Junior Engineer (Electrical) with the respondent-Department on 17.06.1979. The petitioner belongs to Scheduled Caste (SC) category.

4. In the year 1993, the respondent-Department decided to fill up 4 posts of Assistant Engineer (Electrical), which is the next promotional post from the post of Junior Engineer (Electrical).

5. Though the petitioner had rendered 7 years of service as Junior Engineer (Electrical) and was eligible for being considered for promotion to the post of Assistant Engineer (Electrical), but his candidature was not considered, which forced him to approach the erstwhile Himachal Pradesh Administrative Tribunal by filing an original application, which was transferred to this Court and registered as CWP(T) No.4067 of 2008, titled, Yash Pal Dhiman vs. State of H.P. and others. This Court had allowed the said petition vide judgment dated 23.12.2010, directing the respondent-Department to convene the review DPC within two months from the date of supply of copy of the judgment and the competent authority shall consider the case of the petitioner as on 12.11.1993 for promotion from the post of Junior Engineer (Electrical) to the post of Assistant Engineer (Electrical) in Scheduled Caste category together with the case of any other eligible Scheduled Caste category Junior Engineer (Electrical) senior to him along with respondents No.3 to 5 in the said writ petition.

6. In sequel to the directions given by this Court, the respondents had promoted the petitioner to the post of Assistant Engineer (Electrical), vide office order dated 06.07.2011 (Annexure P-2) and his date of promotion was shown as 31.12.1991. After his promotion to the post of Assistant Engineer (Electrical), the petitioner had made a representation dated 15.07.2011 (Annexure P-3) for implementation of the promotion order. Thereafter, vide office memorandum dated 01.1