CIVIL WRIT PETITION NO.20621 OF 2008 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: FEBRUARY 23 ,2011 K. S. Jaryal .....Petitioner VERSUS Union of India and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. M. K. Singla, Advocate, for the petitioner. Mr. Sandeep Suri, Advocate, for the respondents. **** RANJIT SINGH, J. (ORAL) The petitioner was appointed as Assistant Manager on 25.7.1994 and as per the seniority, he was placed at Sr.No.5 for the post of Senior Assistant Manager (G), which is a promotional post for Assistant Manager. Assistant Managers are eligible for consideration for promotion, provided they have two years experience as a Warehouse Assistant Manager. The petitioner, when asked to proceed as Warehouse Assistant Manager so as to acquire two years experience, he specifically declined to proceed on posting. As per the petitioner, he could not proceed on promotion due to CIVIL WRIT PETITION NO.20621 OF 2008 :{ 2 }: unavoidable circumstances. Thus, the petitioner did not have the experience of two years in the year 2003. When given an option for promotion, the petitioner had specifically responded by expressing his unwillingness to proceed on posting on account of health problem as he was suffering from Lattice degeneratin (break/hole), for which he was operated. Second reason given by him was that his wife was working as a Teacher in Chandigarh Administration on deputation basis and was suffering from Toxic Euthyroid and was under treatment at PGI. The petitioner was conscious of the fact that he would not become eligible for next promotion till he had worked in the Warehouse for two years. This fact was also mentioned by the petitioner in his communication, which is annexed with the reply as Annexure R3/A. The petitioner had further written a letter on 12.4.2001, stating that his representation dated 8.2.2001 was totally unconditional request. He again reiterated his request that he will not be in a position to work in the field and, therefore, had foregone his promotion as Senior Assistant Manager (G). The petitioner did mention that Corporation may not deprive him in case there was any general relaxation of the relevant provisions of Staff Regulations. It is in this background that the petitioner ultimately had to forego promotion for lack of experience of two years and was promoted as Senior Assistant Manager (G) on 12.7.2005. The petitioner has now filed this writ petition, seeking his retrospective promotion primarily on the ground that this condition was relaxed in the cases of other persons, who were so promoted on CIVIL WRIT PETITION NO.20621 OF 2008 :{ 3 }: the post of Senior Assistant Manager (G) without insisting on the experience of two years in the field. The petitioner has also retired in the meanwhile. Prayer is for his retrospective promotion to the post by granting relaxation as is granted in the case of other employees. The petitioner has already retired and is no more in service. The petitioner, when asked to proceed to the field, has consciously foregone the promotion, may be because of his personal difficulties. Still, he was conscious of this fact that this may lead to his delayed promotion. Despite that, the petitioner voluntarily had foregone the promotion. The petitioner, thus, can not be heard now to ask for retrospective promotion. Since the petitioner has already retired and no substantial change will be there in his retiral benefits, no case for interference is made out. The writ petition is accordingly dismissed. February 23,2011 (RANJIT SINGH ) khurmi JUDGE