S S KUTLEHRIA Vs. STATE OF H P

JUDGEMENT

(1.) These aforesaid cases are being disposed of by a common judgment. LPA Nos. 45, 50, 52, 68, 69, 70 and 109 of 2009 were also heard along with these cases. Though the points involved are similar, those cases are being disposed of by a separate judgment since different Departments are involved and the Rules are different.

(2.) These two cases relate to the HPPWD. CWP No. 1358 of 2008 is directed against the order of the erstwhile H.P. State Administrative Tribunal dated 23.5.2008 passed in OA No. 1975 of 1995. LPA No. 65 of 2009 is directed against the judgment of the learned Single Judge passed in CWP(T) No. 2275 of 2008. This petition arose out of the Original Application No. 756 of 1994 filed by the original applicants before the Administrative Tribunal which was transferred to this Court after the abolition of the Tribunal.

(3.) In both the cases the original Petitioners were Graduate Engineers and the main reliefs prayed by them were that the judgment delivered by the Tribunal in T.A. Nos. 89 and 91 of 1981 dated 7.6.1991 in Rattan Singh and Ors. v. State of H.P. and Ors. may be recalled and re-considered. They also challenged the seniority list issued by the Respondent-State whereby private Respondents who were non-graduate diploma holder Engineers and had passed the AMIE degree during service thus becoming graduate engineers have been granted seniority by counting their service prior to their obtaining the AMIE qualification.