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2021 DIGILAW 687 (HP)

Surjit Singh, S/O Sh. Sohan Singh v. State Of H. P. Through Its Secretary (Revenue)

2021-09-10

SURESHWAR THAKUR

body2021
ORDER : The writ petitioner became appointed as a Patwari in the Consolidation Department, on, 31.7.1993. However, after the respondents-State accorded permission to the writ petitioner’s request, for his inter departmental transfer from the Consolidation Department to District Bilaspur (Mohal), he joined in the latter establishment, on, 12.2.1997. 2. The petitioner becomes aggrieved by the seniority list embodied in Anneuxure P-1, wherein he has been placed below the private respondents. He also becomes aggrieved from Annexure P-3, Annnexure whereof is the revised seniority list appertaining to the Mohal Patwari(s) in District Bilaspur, appertaining to the year 2011-2012, wherein also, he has been placed below the private respondents. Furthermore, he also becomes aggrieved from Annexure P-4-A, drawn on, 31.12.2015, wherein likewise he has been placed below the Mohal Patwaris, in the order of seniority. 3. Consequently, the writ petitioner challenges the seniority list(s) supra, and seeks a mandamus becoming pronounced upon the respondents concerned, to assign him seniority above the private respondents, rather in the appositely drawn seniority list. 4. The respondents in their reply meted to the writ petition assigned validity to the seniority lists supra. The afore drawn contention, become anviled upon, the factum of the writ petitioner at the time of his taking joining in District Bilaspur as Patwari Mohal, on his transfer thereto, from the Consolidation Department, rather his through Annexure P-5, admitting that he shall lose his seniority, on his transfer, from the Consolidation Department, to the Mohal Revenue concerned. 5. However, the validity of the afore Annexure P-5, has to be adjudged only, upon an interpretation being made, upon, Clause 3-11 of Himachal Pradesh Land Record Manual, Clause whereof becomes extracted hereinafter : “The post of patwari can be filled up by transfer from other department like settlement, consolidation etc. With the approval of the State Government. The official shall lose his seniority on transfer and his name will be entered in the register of Patwari candidate at the end of names of the Patwari Candidates of the borrowing department.” 6. Though, an incisive reading of the afore extracted Clause, does sustain, the respondents-State stand(s) that Annexure P-5, has been drawn in consonance therewith, and, that the petitioner is estopped from claiming his becoming assigned seniority above the private respondents. Though, an incisive reading of the afore extracted Clause, does sustain, the respondents-State stand(s) that Annexure P-5, has been drawn in consonance therewith, and, that the petitioner is estopped from claiming his becoming assigned seniority above the private respondents. However, the respondents, cannot read, the afore Clause in a manner so as to oust the writ petitioner from claiming, rather his being placed, in, the seniority list, hence above the private respondents. Also when the private respondents, had not at the relevant stage of the writ petitioner joining at the Mohal concerned, as Mohal Patwari had, rather not evidently joined at the Mohal concerned. Thereupon the private respondents could not be placed above the writ petitioner in the seniority list. 7. Moreover, a reading of the afore Clause, could work to validate the respondents stand(s), only when the Mohal Patwaris, were evidently in contemporaneity to the writ petitioner joining, as a Mohal Patwari, from his erstwhile working as, a, Patwari in the Consolidation Department, rather already serving, as such, in the Mohal concerned, and/or in contemporaniety to the joining of the writ petitioner had also joined at the Mohal concerned, unless, the afore made interpretation is made, to clause supra, it would bring, a detrimental effect, on the writ petitioner, who despite, joining earlier to the private respondents, as a Mohal Patwari, in the Mohal concerned, rather his becoming untenably assigned seniority below the private respondents. Therefore, while making the afore readings of the Clause 3-11 of the Himachal Pradesh Land Record Manual, this Court concludes, that if the private respondents had joined earlier to the writ petitioner in the Mohal concerned, thereupon the questioned seniority list(s) shall assume validation. Further, in case the private respondents, had not joined as Mohal Patwari, in the Mohal concerned, prior to the writ petitioner joining as a Mohal Patwari in the Mohal concerned, thereupon the questioned seniority list shall hold no effect, rather it would acquire the vice of voidness. In consonance to the afore, the respondents concerned are directed to redraw the seniority list within four weeks hereafter. 8. With the above observations, the extant writ petition is disposed of, and, the respondents concerned, are directed to circulate the revised seniority list(s) (supra) within four weeks thereafter. No order as to costs. All pending applications are disposed of accordingly.