IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2348 of 2009 Decided on : May 17, 2010 Smt. Pawana Devi …Petitioner. Versus State of H.P. and another …Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Surjit Singh, Judge. For the Petitioner : Mr. Mukul Sood, Advocate. For the Respondents : Mr. R.K. Sharma, Senior Additional Advocate General, Advocate. Justice Kurian Juseph, C.J.(Oral) Writ petition has been filed with the following prayer: “(a) Direct the respondents to grant all the consequential benefits as a result of her posting and promotion as Superintendent Grade-II with effect from 28.02.2007 instead of 14.01.2009 as he was denied joining and posting arbitrarily from 24.02.2007 to 14.01.2009. (b) Direct the respondents to give all consequential benefits to the petitioner in the loss of seniority, emoluments, pay fixation etc. (c) In case further promotion are contemplated during the pendency of this writ petition, the promotion to the post of Superintendent Grade-II of the petitioner may be considered from 28.02.2007 instead of 14.01.2009.” 2. Reply has been filed. It is seen from Annexure P- 1, order dated 28th February, 2007, that the petitioner has actually been promoted as Superintendent Grade-II. …2… However, the petitioner could not join duty for want of suitable post. Thereafter, the petitioner was again posted as Superintendent Grade-II but she could not join for want of suitable post. Finally, she was able to join as Superintendent Grade-II, on 14th January, 2009. Petitioner prays that since her juniors had joined duty on 28th February, 2007, she be also promoted w.e.f. 28th February, 2007, with monetary benefits. 3. Learned counsel for the respondents submitted that the petitioner has actually joined on 14th January, 2009, in the post of Superintendent Grade-II and it is only from that date she is entitled to the monetary benefits. 4. Learned counsel for the petitioner submitted that since it is admitted in the reply that the persons juniors to the petitioner had joined duty on 28th February, 2007, the petitioner is entitled to have the benefit of promotion w.e.f. 28th February, 2007. 5. Since it is a case of illegal denial of promotion and a case where the petitioner had admittedly been promoted but could not join duty, for want of suitable post, and her juniors had in fact joined duty on 28th February, 2007, the petitioner is entitled to succeed. Therefore, this petition is allowed declaring that the petitioner shall be held entitled to actual monetary benefits, on account of her promotion w.e.f. 28th February, 2007, in the post of Superintendent Grade-II. The eligible monetary benefits …3… shall be given to the petitioner, within three months, from the production of the copy of this judgment alongwith the copy of the petition. Petition stands disposed of. Pending application, if any, also stands disposed of. ( Justice Kurian Joseph ) Chief Justice. ( Justice Surjit Singh ) May 17, 2010(sd) Judge.