Pawan Kumar vs The State of H.P. and Another

Kurian Joseph, C.J.—The petitioner has approached this Court with certain grievances regarding his seniority as JBT. According to the petitioner, he is entitled to seniority since 1971. The stand taken in the reply is that though, the petitioner has completed his course in the year 1969, but he could not pass the test. Thereafter, he re-appeared in the test in the year 1971, but the result of that test was declared in the year 1978. In the meanwhile, in view of completion of ten years of untrained service as JBT, he was given special certificate by the Deputy Director Education in the year 1975 and based on that certificate, it is submitted that he was granted seniority w.e.f. 1975.

The fact, however, remains that the petitioner re-appeared in JBT course in the year 1971, but it is not on account of any fault on the part of the petitioner that the result was delayed for about 7 years. It is not in dispute that it is the examination, in which he appeared in the year 1971, he was declared passed in the year 1978. If that be so, he should be deemed to have passed the test in the year 1971. Resultantly, he should be entitled for consequential benefits. There will be a direction to the Director to look into the matter in the light of above declaration and take appropriate action to settle the seniority of the petitioner and the consequential benefits. This shall be done within a period of three months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner.

With the above observations, the writ petition stands disposed of so also the pending application(s), if any.