IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. (T) No. 8270 of 2008. Decided on 7th December, 2010. _____________________________________________________ Hem Chand. …Petitioner. -Versus- The State of Himachal Pradesh and Others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. Y.W. Chauhan, Advocate. For the respondents. : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner was promoted as Head Teacher vide office order dated 26.06.1991. He was ordered to be posted at Government Primary School, Chhog Tali in District Sirmaur. However, he did not join his duties and, as such, he was debarred for five years for further promotion. He sought premature retirement on 18.04.1996 on medical grounds. Since the petitioner had himself forgone his promotion by not joining at the place of posting and has not submitted any written application to defer his promotion, he could not be considered for promotion, as prayed for. As noticed above, the petitioner was promoted on 26.06.1991. He has filed the present Original Application only in 2002. The same is barred by delay and laches. Petitioner has not explained why the present petition has 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - been filed after the expiry of about seven years. He has not made any representation for treating the period of 51 days on duty before his retirement. The period w.e.f. 28.02.1996 to 04.04.1996, i.e., 37 days was treated as commuted leave and the period w.e.f. 05.04.1996 to 18.04.1996, i.e., 14 days was treated as earned leave. 2. Accordingly, there is no merit in this petition and the same is dismissed. No costs. (Rajiv Sharma) Judge December 07, 2010. (bhupender) - 3 - `