IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.2797 of 2008 Date of Decision : 29.4.2009 Anchala Kumari ....Appellant Versus The State of Haryana and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.K.L.Kohli, Advocate for the appellant. ... MAHESH GROVER, J. The claim of the appellant is that her juniors have been promoted to the post of Deputy Superintendent for which she has been ignored. Prior to filing of the present suit she had filed C.W.P.No.6708 of 1996 wherein the following order was passed :- “We don't find any substance in this writ petition because petitioner had accepted the conditions imposed in Annexure P-7 and continued to work on the post of Tourist Officer for almost four years. She cannot now be permitted to turn around and say that she is entitled for promotion to the post of Dy. Superintendent. Petitioner did not raise any objection to the conditions imposed in Annexure P7 till the filing of the present writ petition. If, she was not willing to accept those conditions, then she should not R.S.A.No.2797 of 2008 -2- have accepted the post of Tourist Officer. There is no merit in the writ petition and the same is dismissed. However, it is made clear that if, as the result of decision of CWP 6486 of 1989, petitioner is to be reverted to the cadre of Assistant, then the respondents shall consider the petitioner for promotion to the post of Deputy Superintendent and further promotions in that channel as per seniority.” In this view of the matter, the present suit is totally misconceived and consequently the appeal is devoid of any merit in view of the fact that the appellant has already availed of her remedy by filing a writ petition on the same cause of action. The appeal is accordingly dismissed. However, having regard to the fact that the Division Bench had observed that in case the appellant is reverted as an Assistant pursuant to the decision dated 10.5.1996, the aforesaid observations will hold good and in case the appellant is reverted, she will have the right to be considered for promotion as Asstt. Superintendent. 29.4.2009 (MAHESH GROVER) JUDGE dss