2025:HHC:19481 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.5688 of 2024 Decided on: 24.06 2025 _________________________________________________________________ Manoj Kumar ....Petitioner Versus State of H.P. & Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Rajesh Kumar, Advocate. For the respondents: Mr. Rajat Chaudhary, Assistant Advocate General. Jyotsna Rewal Dua, Judge This is petitioner’s third round of litigation in relation to his selection and appointment against the post of Junior Engineer (Electrical) in the State Public Works Department. Petitioner’s first round of litigation started in the year 2016 culminated in the year 2019 with direction to the H.,P. Staff Selection Commission to consider his representation against the rejection of his candidature for the aforesaid post. One post of Junior Engineer (Electrical) was 1 Whether reporters of Local Papers may be allowed to see the judgment? yes 2025:HHC:19481 - 2 - kept vacant for the purpose. The Staff Selection Commission rejected petitioner’s representation in the year 2019. This led to second round of litigation. Petitioner emerged successful on merits in this round on 22.02.2021. Respondents therein were directed to issue appointment order for the post in question in petitioner’s favour. The respondents appointed the petitioner on the post on and w.e.f. 21.09.2021 and subject to outcome of Letters Patent Appeal filed by them. The appeal was dismissed on 05.01.2024. In this third round of litigation, petitioner seeks direction to the respondent to grant him notional appointment on the post in question with effect from the date the persons who participated in the same selectin process were appointed 2. Facts 2(i) Respondents and H.P. Staff Selection Commission initiated selection process for recruitment to the posts of Junior Engineer (Electrical), Post Code-463 on contract basis. Petitioner participated in the selection process and qualified the written test. On 10.05.2016 (Annexure P-1), he was called to appear for interview on 18.05.2016 by the Himachal Pradesh Staff Selection Commission. The 2025:HHC:19481 - 3 - Commission rejected petitioner’s candidature on 18.05.2016 (Annexure P-2) on the ground that as per the Recruitment and Promotion Rules for the post in question, candidate must possess diploma/degree in Electrical Engineering or Electronic Engineering from an institution recognized by the State/Central Government. Petitioner was in possession of the diploma in Electronics and Communication, hence, he did not possess the essential qualifications for the post. 2(ii) Feeling aggrieved, petitioner instituted Original Application (O.A) No. 2117 of 2016 before erstwhile Himachal Pradesh State Administrative Tribunal. Out of ten advertised posts, learned Tribunal directed the respondents to keep one post vacant. Respondents were also directed to constitute an Equivalence Committee for equating petitioner’s diploma in Electronics and Communication with the qualification required under the applicable Recruitment and Promotion Rules. 2(iii) The commission assailed the aforesaid order of the Tribunal by instituting CWP No. 422 of 2017. The writ petition was decided on 12.07.2018, remanding the matter to the Tribunal for considering the report of Equivalence 2025:HHC:19481 - 4 - Committee. 2(iv) Learned Tribunal disposed of OA No. 2117 of 2016 on 10.01.2019 with direction to the respondents to consider the representation of the petitioner, which was concerning the report of the Equivalence Committee and had also relied upon certain decisions. The Commission rejected petitioner’s representation in February 2019. 2(v). The aforesaid rejection resulted in second round of litigation. Petitioner instituted CWPOA No. 36 of 2019. The petition was allowed on 22.02.2021 with directions to the respondents therein to proceed in accordance with law and make an order for appointment of writ petitioner against the advertised post. The operative pars of the decision read as under:- “5. Since the scribed instructions, as become(s) placed on record, by the learned Addl. A.G. display(s), that the post against the relevant category, is yet vacant, thereupon, the respondents concerned, are, directed to, within two weeks hereafter, complete all the relevant processes, and thereafter, are directed, to, proceed to, in accordance with law, make an order, for appointment, of, the writ petitioner, against the advertised post. 6 In view of the afore, the writ petition is allowed. Also, 2025:HHC:19481 - 5 - the pending applications), if any, are disposed of. No costs.” 2(vi). The Staff Selection Commission, instituted LPA No. 45 of 2021 against the above judgment. Interim relief was not granted by the Division Bench. Consequently, the Commission recommended the name of the petitioner for appointment as Junior Engineer (Electrical) against the post kept vacant all this throughout, but subject to final outcome of the LPA filed by it. Based on the said recommendation, respondents-HPPWD issued an office order dated 21.09.2021, appointing the petitioner to the post of Junior Engineer (Electrical) on contract basis, but subject to final outcome of the LPA on the terms and conditions mentioned in the order. LPA No. 45 of 2021 was dismissed on 05.01.2024. 2(vii) Petitioner has instituted this writ petition with the grievance that in the given facts and circumstances, respondents were required to give all service benefits to the petitioner against the post of Junior Engineer (Electrical) by treating his appointment on notional basis from 30.05.2016 i.e. when the persons selected in the same selection process, 2025:HHC:19481 - 6 - in which petitioner participated, were offered appointment on contract basis, till he was appointed on actual basis. 3. Learned Senior Counsel for the petitioner submitted that the selection process in question, was undertaken for filling up ten posts of Junior Engineer (Electrical). Pursuant to the recommendations made by the then Himachal Pradesh Staff Selection Commission/ the respondents, had offered appointment against nine vacancies, which were eventually filled up on 30.05.2016. The tenth vacancy was kept vacant on account of the dispute raised by the petitioner against rejection of his candidature. The petitioner had been agitating throughout against the wrongful cancellation of his candidature before the Courts of law. He emerged successful on 22.02.2021. It is pursuant to this decision that respondents appointed the petitioner as Junior Engineer (Electrical), but with prospective effect on 21.09.2021. The LPA 45/2021 instituted by the Commission against this decision was dismissed on 05.01.2024. The grievance of the petitioner was vindicated in terms of the decision, therefore, he is entitled for notional benefits and appointment with effect from the date of appointment of all 2025:HHC:19481 - 7 - those selected and appointed pursuant to the selection process in which petitioner had participated. Learned Assistant Advocate General submitted that in the decisions rendered in the previous rounds of litigation there was no direction to the respondents to give appointment to the petitioner with effect from the date the persons, who participated in the same selection process, were appointed, hence, the respondents were justified in issuing the appointment order in favour of the petitioner with effect from the prospective effect on 21.09.2021. 4. Heard learned counsel for the parties and considered the case file. 4(i) It is an admitted position of the parties that petitioner had participated in the selection process undertaken by the respondents for recruitment to the posts of Junior Engineer (Electrical) in the year 2016. The H.P.Staff Selection Commission had rejected petitioner’s candidature for the post in question on 18.05.2016. 4(ii). It is also a matter of record that petitioner had assailed the aforesaid rejection of his candidature by instituting CWPOA No. 2117 of 2016. Orders were passed by 2025:HHC:19481 - 8 - the erstwhile H.P. State Administrative Tribunal, pursuant to which, a post of Junior Engineer (Electrical) was kept vacant. Direction was issued by the learned Tribunal to constitute an Equivalence Committee. The Original Application was finally decided on 10.01.2019 with direction to the respondents therein to consider petitioner’s representation keeping in view the report of the Equivalence Committee. 4(iii). The respondents as also H.P. Staff Selection Commission rejected petitioner’s representation in February 2019 thereby affirming their action of rejecting his candidature under office communication dated 18.05.2016. 4(iv) Petitioner was again compelled to institute CWPOA No.36/20219 against the rejection of his representation. His writ petition was allowed on 22.02.2021. Respondents were directed to issue appointment order to the petitioner. Respondents issued appointment order to the petitioner on 21.09.2021 but with prospective effect and subject to outcome of the LPA No. 45 of 2021, instituted by the H.P. Staff Selection Commission against the aforesaid decision. The LPA was dismissed on 05.01.2024. 2025:HHC:19481 - 9 - 4(v) While petitioner was litigating against rejection of his candidature, nine persons who had participated in the same selection process as the petitioner, were appointed by the respondents as Junior Engineer (Electrical). Appointments orders were issued in their favour w.e.f. 30.05.2016. Their services were also regularized w.e.f. September 2019, petitioner’s services were regularized only on 13.10.2023, by treating his date of appointment as 21.09.2021. It is a matter of record that because of rejection of petitioner’s candidature at the stage of verification of documents/interview i.e. on 18.05.2016, appointment order could not be issued in his favour. Petitioner immediately took legal recourse. He emerged successful on 22.02.2021. However, the judgment dated 22.02.2021 was further assailed by the Staff Selection Commission. Since interim relief was not granted against the judgment, petitioner was appointed on 21.09.2021. Under the circumstances, his appointment has to relate back to the date when others were appointed on actual basis. The petitioner having participated in the same selection process as the other nine incumbents, is also entitled for counting his service at least on notional 2025:HHC:19481 - 10 - basis w.e.f. 30.05.2016 i.e. when the other nine incumbents were appointed on the posts in question. He is also entitled for regularization on notional basis w.e.f. September 2019 when others were regularized in service. Respondents’ defence of there being no directions in the previous decisions rendered in the cases instituted by the petitioner for his notional appointment with effect from the date the other nine incumbents were appointed, is not tenable. The cause of action to claim such relief accrued to the petitioner only after the respondents had issued appointment order in his favour i.e. on 21.09.2021. Even at that stage, petitioner could not have taken legal recourse as LPA No. 45 of 2021 instituted by the Staff Selection Commission against the judgment dated 21.0.9.2021 was pending adjudication at the time. It was only on 05.01.2024 that the LPA was dismissed thereby giving finality to the judgment dated 21.09.2021, paving way for the petitioner to seek deemed date of his appointment on notional basis from the date the appointment was given to the other nine incumbents. 5. In view of above discussion, the present writ 2025:HHC:19481 - 11 - petition is allowed. Petitioner shall be deemed to have been appointed on notional basis and his services shall be deemed to have been regularized on notional basis on the post of Junior Engineer (Electrical) with effect from the dates when the other nine incumbents selected in the same selection process in which the petitioner participated, were appointed and regularized. Petitioner’s period of notional appointment/ regularization till his actual appointment on 21.09.2021 shall also be counted towards his seniority and pay fixation. Necessary orders in this regard be issued within four weeks from today. Pending miscellaneous application(s) if any, also to stand disposed of. Jyotsna Rewal Dua Judge June 24, 2025 R.Atal