IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH Civil Writ Petition No.4815 of 1989 Date of Decision :14.01.2010 Tara Singh ..........Petitioner Versus Secretary to Government Punjab, Department ..........Respondents of Finance and others. Coram Hon'ble Mr. Justice M.M.Kumar, Present: Sh.Sanjiv Sharma, Advocate for the petitioner. Sh.Suvir Sehgal, Addl.AG Punjab for the respondents. Notes: 1.To be referred to the reporters or not ? 2.Whether the judgment should be reported in the digest? ********** The petitioner has prayed for issuance of direction to respondents to promote him to the post of Accounts Officer w.e.f. 12.10.1983 when person junior to him was promoted against the reserved vacancy with all consequential benefits. A further prayer has also been made for quashing promotion order dated 20.10.1983 of respondent No.4 Brief facts of the case necessary for disposal of the controversy raised are that the petitioner who belongs to Scheduled Caste, was inducted in service of the Respondent-Department on the post of Senior Auditor w.e.f. 5.06.1976. He was offered promotion on the post of Assistant Account Officer vide order dated 16.07.1979. However, he refused to accept promotion vide a written request dated 25.07.1979 subject to the condition that he may be considered for promotion on his request to be made later. Then he requested for promotion as Assistant Civil Writ Petition No.4815 of 1989 (2) Accounts Officer vide his application dated 24.09.1980. At that time the cases of four Senior Auditors as Assistant Accounts Officer were under process which was finalized on 15.10.1980. Although, he could not be considered at that time, but he was given promotion on the post of Assistant Accounts Officer on 25.03.1981 on the occurrence of vacancy. He joined as such on 1.04.1981. On representation made for ante dating the date of his promotion the Respondent-Department gave him promotion as Assistant Accounts Officer w.e.f. 15.10.1980. For promotion to the post of Account Officer from that of Assistant Accounts Officer a period of three years as experience is prescribed by Punjab State Accounts Service(Class-II)Rules 1966(the brevity the Rules). The petitioner fulfilled the aforesaid period of three years on 15.10.1983. However, Sh.K.K.Bansal respondent No.4 was promoted as Account Officer vide order dated 12.10.1983 against a general vacancy. He joined as such 21.10.1983. The petitioner could not have been given the date of promotion which was given to Sh.K.K.Bansal as he lacked three years experience of working on the post of Assistant Accounts Officer. Accordingly, he could not be promoted as Accounts Officer w.e.f. that date. The Rule prescribing three years working period as Assistant Accounts Officer were amended. For promotion to the post of Accounts Officer as 3 years experience was increased to 10 years. A notification to that effect was issued on 03.01.1984 and accordingly the petitioner could not be promoted as he did not have requisite experience of 10 years at that time. Lateron, the Rules were again amended and the experience was reduced 10 to 7 years. Accordingly, the petitioner was promoted as Accounts Officer(Re-designated as Senior Accounts Officer on 18.01.1988) when he had completed 7 years experience and a vacancy of Accounts Officer became available. It is further made clear that the Civil Writ Petition No.4815 of 1989 (3) petitioner was again promoted as Joint Controller(F & A) on 7.12.1994 where he joined and from which post he retired on 31.05.1996 on attaining the age of superannuation. Respondent No.4 Sh.K.K.Bansal also retired as Joint Controller(F & A) on 31.08.1995. Having heard the learned counsel for the parties at length and perusing the paper book, I am of the considered view that the petitioner himself is responsible for delay in his promotion. The Respondent- Department was offered promotion on 16.07.1979 which he refused vide letter dated 25.07.1979. On his subsequent request, his case for promotion was again considered and he was eventually given promotion as Assistant Accounts Officer w.e.f. 15.10.1980 vide order dated 26.10.1983. Thereafter, on account of amendment of Rules he was required to fulfill required experience as laid down by Rule 7. Then the experience was reduced from 10 years to 7 years. Eventually, he was granted promotion as Accounts Officer(Re-designated as Senior Accounts Officer) on 18.01.1988 when he completed 7 years as per amendment prevailing at that time. Even otherwise it would not be of much difference because the petitioner was promoted as Joint Controller(F & A) on 7.12.1994 and retired as such on 31.05.1996 whereas respondent No.4 has retired as Joint Controller(F & A) on 31.08.1995. Therefore, I am of the view that there is no merit in the contention of the petitioner that he deserved to be promoted w.e.f. the date when Sh.K.K.Bansal (respondent No.4) was promoted. The contention of the petitioner that Sh.K.K.Bansal (respondent No.4) was given reserved category roster point when he was promoted to the post of Accounts Officer is also without substance as the respondent in the reply has categorically stated that respondent No.4 was promoted as Accounts Officer against a general vacancy. In that regard, reliance has rightly been placed on the averments made in para No.4 of the reply to the replication Civil Writ Petition No.4815 of 1989 (4) filed on 14.05.2009 by Sh.S.K.Jindal, Additional Director,(Treasuries and Accounts) Finance Department Punjab. There is thus no merit in this petition and the same is accordingly dismissed. (M.M.Kumar) 14.01.2010 Judge anil