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Himachal Pradesh High Court · body

2019 DIGILAW 1307 (HP)

Man Singh v. State Electricity Board

2019-09-05

DHARAM CHAND CHAUDHARY, JYOTSNA REWAL DUA

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JUDGMENT : Jyotsna Rewal Dua, J. The Original Application No.(D) 237 of 2000, filed by the petitioner before the erstwhile H.P. Administrative Tribunal, Shimla, transferred to this Court and registered as CWP(T) No.7220 of 2008, has been dismissed by learned Single Judge, vide judgment dated 25.11.2010. Appellant (hereinafter referred to as 'the petitioner') being aggrieved has preferred the instant appeal. 2. Shorn of unnecessary details, facts are:- 2(a) Writ petitioner joined as T-mate (work charged) on 22.6.1982, in REC Division Himachal Pradesh State Electricity Board, Chamba. He was posted at Salooni under Electrical Sub Division, HPSEB, Koti, under the Administrative control of REC Division, Chamba. 2(b) Salooni Sub Division was created in 1984. Administrative control of Salooni Sub-Division was placed with Electrical Division, HPSEB, Dalhousie. The writ petitioner, already working in Salooni, came under Salooni Sub Division in 1984 and under administrative control of Dalhousie Division. It is worth noticing here that writ petitioner belongs to village Kambli, Post Office Salooni, Tehsil Salooni, District Chamba, H.P. Perhaps for this reason, he did not request for his transfer or adjustment/allocation to Administrative Division Chamba and preferred to remain in Administrative Division Dalhousie. Cadre of T-mate is division wise. 2(c) Private respondents No.4, 5 & 6, who were allegedly juniors to petitioner as T-mate, in Electrical Division Chamba, were promoted as Assistant Lines Man in 1990 and 1992. 2(d) A provisional seniority list of T-mates of Electrical Division, HPSEB, Dalhousie was issued on 24.04.1999. There is nothing on record that writ petitioner filed any objections to the provisional seniority list. Final seniority list of the T-mates depicting the position as on 31.03.1999, was issued on 14.12.1999, wherein name of the writ petitioner figured at serial No.14. 3. Contentions: 3(a) Writ petitioner claims to have represented to the respondents vide (annexure A-1), regarding his 'Seniority/Promotion' on the ground that :- (a) T-mates, who were juniors to him in Electrical Division Chamba, have been promoted as Assistant Lines Man during 1990 and 1992 but he has been ignored for such promotion on the ground that he being in Salooni Sub Division, falls under Dalhousie Division; (b) his option was not sought in 1984 for posting him in Salooni Sub Division (which was under Electrical Division Dalhousie). Eventually, the O.A. No.(D) 237 of 2000, was filed by the petitioner before the erstwhile H.P. Administrative Tribunal, Shimla, praying for following reliefs:- "1. Eventually, the O.A. No.(D) 237 of 2000, was filed by the petitioner before the erstwhile H.P. Administrative Tribunal, Shimla, praying for following reliefs:- "1. That respondents may be directed to promote the applicant as Assistant Lineman. 2. That respondents may be directed to place applicant at the proper place in the seniority list of Assistant Line Mans maintained by the Respondent-Board. 3. That respondents may be directed to pay all the consequential benefits that is arrears in pay and allowances fixation increments, placement and seniority etc." 3(b) The only document appended by the petitioner along with his original application was above referred undated representation, receipt of which has not been admitted by the respondents. Rather it has been pleaded by the respondents that without availing the remedies available under relevant service rules, petitioner had moved the court. Respondents-HPSEB, in its reply filed to the original application has specifically taken the stand that :- original application was barred by limitation; option was not required to be taken from the petitioner, as after creation of Salooni Sub Division, it was merely a case of transfer of it's administrative control from Chamba division to Dalhousie division, due to administrative exigency; cadre of T.mates is division wise; petitioner belongs to village Salooni, District Chamba, therefore, he himself wanted to remain in Salooni, Sub-Division; No T-mates juniors to the petitioner were promoted as Assistant Lines Man in Electrical Division Dalhousie; petitioner at serial No.14, in the seniority list of T-mates, will be promoted as Assistant Lineman on his turn in Dalhousie division. 4. Observations: 4(a) Against the backdrop of above factual position, it is clear that petitioner did not seek his transfer to Electrical Division, Chamba in 1984 on creation of Salooni Sub Division under Dalhousie Division. In case, the petitioner wanted to come under Electrical Division Chamba, he could have sought his transfer out of Salooni, which after becoming a Sub Division in 1984 was placed under administrative control of Electrical Division Dalhousie. He could have preferred a formal request at the relevant time i.e. in 1984. Petitioner was already working in Salooni, Sub-Division in 1984, which came under Electrical Division, HPSEB Dalhousie, therefore, 16 years later, petitioner cannot be heard to complain that T-mates juniors to him in Electrical Division, Chamba, have been granted promotions and he has been ignored for such promotion in Electrical Division, Chamba. Petitioner was already working in Salooni, Sub-Division in 1984, which came under Electrical Division, HPSEB Dalhousie, therefore, 16 years later, petitioner cannot be heard to complain that T-mates juniors to him in Electrical Division, Chamba, have been granted promotions and he has been ignored for such promotion in Electrical Division, Chamba. The case of the petitioner for promotion as Assistant Lineman can only be considered in Electrical Division HPSEB, Dalhousie, as per seniority list, in accordance with law. 4(b) The claim of the petitioner is barred by limitation and also on principle of estoppel. Cause of action, if any, accrued to the petitioner in 1984, when he, being, already posted in Salooni, remained posted there even after it became a Sub Division and was placed under administrative control of Electrical Division, Dalhousie. Circulation of seniority list of Dalhousie Division in 1999, can only give the petitioner a cause of action, viz-a-viz, his seniority position in Electrical Division, Dalhousie, which is not the grievance of the writ petitioner in the instant case. It cannot extend the limitation in respect of a cause of action, which accrued to petitioner in 1984. It cannot be presumed that the writ petitioner became aware of his being under the administrative control of Electrical Division, HPSEB, Dalhousie only in 1999. He was posted and working in Salooni in 1984, at the time of creation of Salooni Sub-Division. He did not seek his transfer outside Salooni Sub-Division, which had come under the administrative control of Electrical Division, Dalhousie in 1984. Rather his services were regularized there on 9.3.1987. Perhaps the writ petitioner was himself interested to remain in Salooni Sub-Division, as he also belongs to village Kambli, Tehsil Salooni, District Chamba, H.P. Petitioner is even otherwise estopped from raising this issue in 2000, when in 1984, he without any demur or objection accepted his posting & remained thereafter in Salooni Sub Division. The original application filed by the petitioner under H.P. Administrative Tribunal Act, was clearly barred by limitation of one year as provided under Section 21 of the Administrative Tribunal Act. The petition was neither tenable on merits nor on point of limitation. Even as a writ petition, it suffers from unexplained delay and latches. In view of the above discussions, no fault can be found in the judgment passed by the learned Single Judge. Accordingly, the appeal is dismissed. The petition was neither tenable on merits nor on point of limitation. Even as a writ petition, it suffers from unexplained delay and latches. In view of the above discussions, no fault can be found in the judgment passed by the learned Single Judge. Accordingly, the appeal is dismissed. Pending applications, if any, also stand disposed of accordingly. JUDGMENT : Jyotsna Rewal Dua, J. The Original Application No.(D) 237 of 2000, filed by the petitioner before the erstwhile H.P. Administrative Tribunal, Shimla, transferred to this Court and registered as CWP(T) No.7220 of 2008, has been dismissed by learned Single Judge, vide judgment dated 25.11.2010. Appellant (hereinafter referred to as 'the petitioner') being aggrieved has preferred the instant appeal. 2. Shorn of unnecessary details, facts are:- 2(a) Writ petitioner joined as T-mate (work charged) on 22.6.1982, in REC Division Himachal Pradesh State Electricity Board, Chamba. He was posted at Salooni under Electrical Sub Division, HPSEB, Koti, under the Administrative control of REC Division, Chamba. 2(b) Salooni Sub Division was created in 1984. Administrative control of Salooni Sub-Division was placed with Electrical Division, HPSEB, Dalhousie. The writ petitioner, already working in Salooni, came under Salooni Sub Division in 1984 and under administrative control of Dalhousie Division. It is worth noticing here that writ petitioner belongs to village Kambli, Post Office Salooni, Tehsil Salooni, District Chamba, H.P. Perhaps for this reason, he did not request for his transfer or adjustment/allocation to Administrative Division Chamba and preferred to remain in Administrative Division Dalhousie. Cadre of T-mate is division wise. 2(c) Private respondents No.4, 5 & 6, who were allegedly juniors to petitioner as T-mate, in Electrical Division Chamba, were promoted as Assistant Lines Man in 1990 and 1992. 2(d) A provisional seniority list of T-mates of Electrical Division, HPSEB, Dalhousie was issued on 24.04.1999. There is nothing on record that writ petitioner filed any objections to the provisional seniority list. Final seniority list of the T-mates depicting the position as on 31.03.1999, was issued on 14.12.1999, wherein name of the writ petitioner figured at serial No.14. 3. 2(d) A provisional seniority list of T-mates of Electrical Division, HPSEB, Dalhousie was issued on 24.04.1999. There is nothing on record that writ petitioner filed any objections to the provisional seniority list. Final seniority list of the T-mates depicting the position as on 31.03.1999, was issued on 14.12.1999, wherein name of the writ petitioner figured at serial No.14. 3. Contentions: 3(a) Writ petitioner claims to have represented to the respondents vide (annexure A-1), regarding his 'Seniority/Promotion' on the ground that :- (a) T-mates, who were juniors to him in Electrical Division Chamba, have been promoted as Assistant Lines Man during 1990 and 1992 but he has been ignored for such promotion on the ground that he being in Salooni Sub Division, falls under Dalhousie Division; (b) his option was not sought in 1984 for posting him in Salooni Sub Division (which was under Electrical Division Dalhousie). Eventually, the O.A. No.(D) 237 of 2000, was filed by the petitioner before the erstwhile H.P. Administrative Tribunal, Shimla, praying for following reliefs:- "1. That respondents may be directed to promote the applicant as Assistant Lineman. 2. That respondents may be directed to place applicant at the proper place in the seniority list of Assistant Line Mans maintained by the Respondent-Board. 3. That respondents may be directed to pay all the consequential benefits that is arrears in pay and allowances fixation increments, placement and seniority etc." 3(b) The only document appended by the petitioner along with his original application was above referred undated representation, receipt of which has not been admitted by the respondents. Rather it has been pleaded by the respondents that without availing the remedies available under relevant service rules, petitioner had moved the court. Rather it has been pleaded by the respondents that without availing the remedies available under relevant service rules, petitioner had moved the court. Respondents-HPSEB, in its reply filed to the original application has specifically taken the stand that :- original application was barred by limitation; option was not required to be taken from the petitioner, as after creation of Salooni Sub Division, it was merely a case of transfer of it's administrative control from Chamba division to Dalhousie division, due to administrative exigency; cadre of T.mates is division wise; petitioner belongs to village Salooni, District Chamba, therefore, he himself wanted to remain in Salooni, Sub-Division; No T-mates juniors to the petitioner were promoted as Assistant Lines Man in Electrical Division Dalhousie; petitioner at serial No.14, in the seniority list of T-mates, will be promoted as Assistant Lineman on his turn in Dalhousie division. 4. Observations: 4(a) Against the backdrop of above factual position, it is clear that petitioner did not seek his transfer to Electrical Division, Chamba in 1984 on creation of Salooni Sub Division under Dalhousie Division. In case, the petitioner wanted to come under Electrical Division Chamba, he could have sought his transfer out of Salooni, which after becoming a Sub Division in 1984 was placed under administrative control of Electrical Division Dalhousie. He could have preferred a formal request at the relevant time i.e. in 1984. Petitioner was already working in Salooni, Sub-Division in 1984, which came under Electrical Division, HPSEB Dalhousie, therefore, 16 years later, petitioner cannot be heard to complain that T-mates juniors to him in Electrical Division, Chamba, have been granted promotions and he has been ignored for such promotion in Electrical Division, Chamba. The case of the petitioner for promotion as Assistant Lineman can only be considered in Electrical Division HPSEB, Dalhousie, as per seniority list, in accordance with law. 4(b) The claim of the petitioner is barred by limitation and also on principle of estoppel. Cause of action, if any, accrued to the petitioner in 1984, when he, being, already posted in Salooni, remained posted there even after it became a Sub Division and was placed under administrative control of Electrical Division, Dalhousie. Circulation of seniority list of Dalhousie Division in 1999, can only give the petitioner a cause of action, viz-a-viz, his seniority position in Electrical Division, Dalhousie, which is not the grievance of the writ petitioner in the instant case. Circulation of seniority list of Dalhousie Division in 1999, can only give the petitioner a cause of action, viz-a-viz, his seniority position in Electrical Division, Dalhousie, which is not the grievance of the writ petitioner in the instant case. It cannot extend the limitation in respect of a cause of action, which accrued to petitioner in 1984. It cannot be presumed that the writ petitioner became aware of his being under the administrative control of Electrical Division, HPSEB, Dalhousie only in 1999. He was posted and working in Salooni in 1984, at the time of creation of Salooni Sub-Division. He did not seek his transfer outside Salooni Sub-Division, which had come under the administrative control of Electrical Division, Dalhousie in 1984. Rather his services were regularized there on 9.3.1987. Perhaps the writ petitioner was himself interested to remain in Salooni Sub-Division, as he also belongs to village Kambli, Tehsil Salooni, District Chamba, H.P. Petitioner is even otherwise estopped from raising this issue in 2000, when in 1984, he without any demur or objection accepted his posting & remained thereafter in Salooni Sub Division. The original application filed by the petitioner under H.P. Administrative Tribunal Act, was clearly barred by limitation of one year as provided under Section 21 of the Administrative Tribunal Act. The petition was neither tenable on merits nor on point of limitation. Even as a writ petition, it suffers from unexplained delay and latches. In view of the above discussions, no fault can be found in the judgment passed by the learned Single Judge. Accordingly, the appeal is dismissed. Pending applications, if any, also stand disposed of accordingly.