Jiya Lal Bhardwaj, Judge (Oral)

The petitioner, by way of present petition, has laid challenge to the final combined seniority list of Junior Engineers (Civil) dated 09.12.2015 (Annexure A-12) wherein the petitioner has been shown at Seniority No. 327 instead of 326 and respondent No.3 has been shown at Seniority No.326 instead of Seniority No.327 and in the final seniority list of Junior Engineer (Civil) dated 09.12.2015 (Annexure A-13), possessing Diploma/ITI certificate/AMIE/B.E./B.Tech./ appointment in service/ joining service at seniority No.118 instead of 117 and respondent No.3 at Seniority No.117 instead of 118 and thereafter Notification has been issued on 08.10.2016 (Annexure A-14), wherein the petitioner has been shown to be promoted to the post of Assistant Engineer (Civil) Class-I (Gazetted) in the pay scale/pay band of Rs.15600-39100 plus Grade Pay of Rs.5400/- on regular basis w.e.f. 31.12.2011 who was promoted on 31.12.2008 and respondent No.3 has been shown to be promoted on 31.12.2008.

2. The undisputed facts, which emerge from the pleadings, are that petitioner and respondent No.3 being qualified to hold the post of Junior Engineer (Civil) were appointed on 27.10.1995. Later on, as per decision taken by the State Government, those Junior Engineers (Civil) who had completed seven years of continuous contract service in the Department and were fulfilling the conditions as per Recruitment and Promotion Rules of Junior Engineer (Civil) I&PH were appointed as Junior Engineers (Civil) on regular basis on 19.06.2004 (Annexure A-4). Respondent No.3 was shown at Serial No.5 and the petitioner at Serial No.18. The respondents-State issued the final seniority list of Junior Engineers (Civil) as on 31.12.2005 (Annexure A-5) and respondent No.3 was shown at Serial No.547 and petitioner at Serial No.548.

3. The petitioner being shown junior to respondent No.3 had made a representation, which was considered by the competent authority and addendum was issued on 10.10.1997 (Annexure A-7) and the seniority position of the petitioner which was earlier fixed as Seniority No.548 was changed and shown as 542-A i.e. after Shri Rajesh Kumar and column No.4 academic/technical qualification be read as matric, diploma in Civil Engineering (batch 1986-89) & B.E (Civil) May, 1992. Thereafter, final seniority list of Junior Engineers (Civil) working in the respondents-Department was issued on 29.12.2009 (Annexure A-8) and the petitioner was shown at Serial No.544 and respondent No.3 was shown at serial No.548 (page 61). Thereafter the final seniority list was again issued after the judgment passed by this Court in CWP No.1358 of 2009, titled, S.S. Kutlehria vs. State of H.P and others on 23.08.2010 (Annexure A-9) and in this seniority list, the petitioner was shown at Serial No.163 and respondent No.3 at Serial No.164. Again as per Notification dated 28.07.2011 (Annexure A-10), the petitioner was promoted to the post of Assistant Engineer and was shown at Serial No.40 and respondent No.3 at Serial No.41 and the date of promotion of the petitioner and respondent No.3 was shown w.e.f. 31.12.2008. Thereafter, the provisional seniority list of Junior Engineers (Civil) as on 31.12.2011 (Annexure P-11) was issued and in this list, the petitioner was shown at Seniority No.326 and respondent No.3 at 327. However, when final seniority list of Junior Engineers as it stood on 31.12.2014 was issued, the petitioner who was earlier shown in Seniority No.326 was shown at Serial No.327 and respondent No.3 who was shown at Serial No.327 was shown at Serial No.326, against which the petitioner is aggrieved. Thereafter, another final combined seniority list of Junior Engineers (Civil) was issued on the same day, Annexure A-13, wherein the petitioner was shown at Seniority No.118 and respondent No.3 who was shown on that position was shown at Seniority No.117. Thereafter, vide Notification dated 03.10.2016, the petitioner was shown to be promoted to the pos