KARAN SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This writ petition is directed against the order of the erstwhile H.P State Administrative Tribunal dated September 26, 2000 passed in O.A No.881 of 1991 whereby the Original Application filed by the petitioners has been rejected.

(2.) Briefly stated the facts of the case are that most of the petitioners were appointed as Patwaris in the Settlement Department in the year 1983. Admittedly none of the petitioners had cleared the Patwar examination prior to their appointment. A seniority list was issued on July 6, 1988 depicting the seniority of Patwaris in the Settlement Department as on 30.11.1987. In this seniority list, the petitioners were given seniority on the basis of the date of appointment. According to the petitioners, they had no complaint against the position given to them in the said seniority list.

(3.) On 5.11.1990 the seniority list was finalized and in this final seniority list, the petitioners were shown junior to a number of other persons. According to the petitioners, the State followed three different criteria in determining the seniority list of the Patwaris. In the case of Patwaris recruited upto 1981, the seniority was determined on the basis of the date of appointment and for Patwaris recruited after the said date, the seniority has been determined on the basis of the date of qualifying the departmental examination, i.e., Patwar Examination. Again in respect of Patwaris from Serial No.414 onwards of the final seniority list, the seniority has been fixed according to the date of joining and not according to the date of appointment or passing of the Patwar Examination. The petitioners prayed that the final seniority list be quashed and their seniority be determined on the basis of date of appointment and notification dated May 9, 1991 awarding senior scale to 50% Patwaris ignoring the claim of the petitioners be set aside.