1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO. 2722/2005 (P.R.Nogia Vs. Bharat Sanchar Nigam Ltd. & Ors.) Date of Order : 18/01/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. Salil Trivedi for the petitioner. Mr. N.M.Lodha, Addl. Advocate General for the respondents. BY THE COURT:- By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to allow his posting as per order dated 30.9.2004 at Ajmer as also to declare his date of promotion as per Order dated 30.9.2004 and accordingly to fix his seniority with all consequential benefits. The petitioner was promoted vide order Annex.1 dated 30.9.2004. Para 4 of the order Annex.1 reads as under :- “4. The Officers are required to join their promotional assignment within a period of 40 days from the date of issue of B.S.N.L. Corporate Office, New Delhi order No. 1-32/2004-Pers.II dated 16.9.2004. All SSA/unit heads concerned may please ensure that the promotion/posting orders in respect of officers found eligible after fulfilling the above conditions is issued in 2 time to join their promotional assignment, and the officer is relieved within the prescribed time limit of 40 days from the date of issue of B.S.N.L. Corporate Office, New Delhi order No.1-32/2004-Pers.II dated 16.9.2004.” The petitioner having not been relieved within 40 days from the date of issue of B.S.N.L. Corporate Office, New Delhi order No.1-32/2004-Pers.II dated 16.9.2004, filed the instant writ petition. During the pendency of the writ petition, by order dated 29.8.2006, the respondents were directed to relieve the petitioner from Sirohi to join at Ajmer within two weeks from the date of order. In compliance of the order of this Court, the petitioner has been relieved from Sirohi to join at Ajmer and accordingly the petitioner has joined at Ajmer on 16.10.2006. Thus, the relief No.1 has already been granted, may be by an interim order of this Court. The petitioner further seeks a direction that the date of promotion may be declared as per the Order Annex.1 dated 30.9.2004. From the averments made in the writ petition, it nowhere appears that the petitioner has not been promoted strictly in accordance with the order Annex.1. It appears that the petitioner is under apprehension that since he was not relieved immediately after the order within 40 days as directed in the order Annex.1, therefore, he might have been given promotion 3 from a subsequent date. At any rate, there is no material on record to show that the petitioner has not been promoted in conformity with the order Annex.1. The petitioner further seeks a direction that the seniority of the petitioner may be restored above the employee junior to the petitioner. In the writ petition, there is absolutely no material on record to show that any person junior to the petitioner has been promoted and placed above him or made senior to him and therefore, without there being any foundation, such a relief can not be granted. In the circumstances, therefore, nothing survives in the writ petition. The writ petition is accordingly disposed of. Stay petition also stands disposed of. There shall be no order as to costs. (H.R.PANWAR),J. rp