CWPOA No. 1277 of 2019

1. Precisely the grouse of the petitioner as has been highlighted in the petition and further canvassed by Mr. Jiya Lal Bhardwaj, learned Senior Advocate, for the petitioner is that though, petitioner herein, on account of his having acquired degree of AMIE, was to rank higher in seniority list dated 31.7.2012, but he has been wrongly shown junior to respondents Nos. 3 and 4 who admittedly acquired AMIE degree after the petitioner.

2. Mr. Jiya Lal Bhardwaj, learned Senior Advocate duly assisted by Mr. Sanjay Bhardwaj, Advocate, representing the petitioner states that the issue sought to be decided in the present petition already stands adjudicated by this court in S..S. Kultleria and others v. State of H.P. and others, alongwith connected matter, decided on 8.1.2010, wherein it has been held that seniority for the purpose of promotion to higher post shall be drawn on the basis of date of acquiring the requisite qualification of AMIE.

3. Pursuant to notices issued in the instant proceedings, respondents Nos. 1 and 2 have filed reply, wherein, following preliminary submission has been made

"1. That it is humbly submitted that with regards to the prayers of the petitioner that the department is not implementing the judgment rendered in S.S. Kutleria's case in CWP No. 1358/2008 by this Hon'ble High Court on 8.1.2010 (Annexure R-I), it is submitted that the process for convening the review DPC right from the year 1984 in respect of AE(Civil) is under active consideration and as soon as the same is completed, the review DPC for the cadre of Mechanical/Electrical and Horticulture in HPPWD will be considered. In the meantime, other formalities i.e. I/C VCC, revised eligibility list as per the directions of the Hon'ble High Court in the above mentioned case has been processed. As regards, the other relief sought i.e. grant of seniority on the basis of acquiring the Graduate/AMIE degree to the petitioner over and above to the Junior Engineer who were appointed many years prior to the petitioner, it is submitted that the entry grade seniority of the cadre posts has not been directed to be disturbed and eligibility list on the basis of acquiring of higher qualification has been prepared. The department has circulated final seniority list on 1st June, 2012 in which the entry grade seniority has not been disturbed. However, the eligibility list on the basis of acquiring higher qualification AMIE/BE etc. has also been prepared and the same will be considered at the time of review DPC keeping in view the judgment in the case of S.S. Kutleria and the junior incumbent on the basis of acquiring higher education prior to their senior and fulfilling other service criteria will find right place in the promotion and rank senior in the cadre of AE and so on. The Hon'ble High Court in the other cases preferred by the JE/AE(Civil), has been appraised of the position that the process of DPC for Civil wing of HPPWD is under active consideration in the HPPSC and the Hon'ble Court has been pleased to grant sufficient time to complete the process. Therefore, it is incorrect to say that the directions/orders of the Hon'ble High Court in the aforesaid case are not being implemented. In view of the above, it is prayed that the petition be dismissed. "

4. It has been stated in the reply that process for convening the review DPC right from the year 1984 in respect of AE(Civil) is under active consideration and as soon as the same is completed, the review DPC for the cadre of Mechanical/Electrical and Horticulture in HPPWD will be considered. Most importantly, it has been stated in the aforesaid reply that the department has circulated final seniority list on 1st June, 2012 in which the entry grade seniority has not been disturbed. However, the eligibility list on the basis of acquiring higher qualification of AMIE/BE etc. has also been prepared and the same will be considered at the time of review DPC keeping in view the judgment in the case of S.S. Kutleria and the junior incumbent on the basis of acquiring higher education prior to their senior and fulfilling other service criteria will find right place in the promotion and rank senior in the cadre of AE and so on.

5. In view of aforesaid fair stand adopted by the respondents in the reply, nothing much is left for adjudication by this court, except to issue a direction to the respondent Department to conduct review DPC expeditiously in terms of S.S. Kutleria, so that consequential benefits are given to the eligible persons, including the petitioner.

6. Consequently in view of discussion made herein above, as well as reply filed by respondents Nos. 1 and 2, present petition is disposed of with a direction to the respondent-Department to conduct review DPC expeditiously, preferably within a period of one month from today, in terms of S.S. Kutliera supra and thereafter, necessary consequential benefits, if any, be released in favour of eligible candidates including petitioner forthwith. It is clarified that the benefits already given in favour of private respondents may not be disturbed, especially when it is not in dispute that they all have retired.

7. The petition stands disposed of in the afore terms, alongwith all pending applications. CWPOA No. 3710 of 2019

8. Learned counsel for the petitioners fairly states that in view of order passed in CWPOA No. 1277 of 2019 supra, present petition has been rendered infructuous and same may be accordingly disposed of.

9. In view of above, present petition stands disposed of in the afore terms, alongwith all pending applications.