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2013 DIGILAW 398 (HP)

STATE GOVERNMENT v. KASHMIR SINGH GULERIA

2013-05-07

A.M.KHANWILKAR, R.B.MISRA

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JUDGMENT A.M.KHANWILKAR, J. 1. HEARD counsel for the parties. 2. THIS appeal takes exception to the judgment of the learned Single Judge dated 23.6.2011 in CWP(T) No. 12080/2008. By the said judgment, the appellants were directed to consider the case of the respondent for giving him the rank of Additional Superintendent of Police from the date of his juniors Sonam Choppal and Ram Lal were given the rank of Additional Superintendent of Police. The learned Single Judge noticed the decision of the Tribunal, which had directed the appellants to give benefits of service in the cadre of Inspector and Deputy Superintendent of Police to the respondent from the same date from when it was given to Nanak Chand. This direction was issued by the Tribunal vide decision dated 17.6.2002 in O.A. No. 997/1992. Paragraph 12 of the decision reads thus: "12. On the basis of above discussion, and arguments, the claim of the applicant has not been properly considered by the respondents and as such, respondents are directed to give the benefits of service in the cadre of Inspector and Dy. Supdt. of Police to the applicant from the same date from which it had been allowed to Shri Nanak Chand. A supernumerary post where ever necessary may be created. This order be implemented within a period of 3 months from today. No orders as to costs." 3. ON the basis of this decision, the Chief Secretary to the Government of Himachal Pradesh issued notification on 2.12.2003, which reads thus: "Consequent upon the decision of the Hon'ble Himachal Pradesh Administrative Tribunal in case O.A. No. 997/92 filed by Shri Kashmir Singh Versus State of H.P. and others decided on 17-06-2002, the Governor, Himachal Pradesh, is pleased to order the promotion of Shri Kashmir Singh Guleria, HPS (Retired) as Dy.S.P. in the pay scale of Rs.2200-4000, purely on adhoc basis with effect from 27-08-88 to 24-12-88 against a supernumerary post created vide this department order of even number dated 24-11- 2003 and thereafter against a vacant post. The above promotion will not confer any right on Shri Kashmir Singh Guleria to claim seniority on Regular promotion." 4. THE relief claimed by the respondent was resisted by the appellants on the argument that the respondent's name appeared lower in position in the seniority list of 1995 and, therefore, cannot be given the benefit as prayed by the respondent. The above promotion will not confer any right on Shri Kashmir Singh Guleria to claim seniority on Regular promotion." 4. THE relief claimed by the respondent was resisted by the appellants on the argument that the respondent's name appeared lower in position in the seniority list of 1995 and, therefore, cannot be given the benefit as prayed by the respondent. This stand has been justly rejected by the learned Single Judge. Inasmuch as, consequent to the direction issued by the Tribunal on 17.6.2002, which has been allowed to become final, the appellants had no option, but to consider the case of the respondent from the same date, when Nanak Chand was promoted as Deputy Superintendent of Police. If that direction is to be taken forward, the defence of the appellants that the name of the respondent appeared lower in position in the seniority list of 1995, will have to be stated to be rejected. Inasmuch as, the said seniority list cannot be reckoned for the purpose of considering the case of the respondent, which has to be examined on the basis of direction given by the Tribunal, which has been allowed to become final. As a result, we find no infirmity in the conclusion reached by the learned Single Judge. The appeal is dismissed, so also the pending application(s), if any.