IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.21249 of 2010 Madan Lal Vs. State of Haryana & others Present: Mr.Baldev Singh, Advocate, for the petitioner. ***** RANJIT SINGH, J. The petitioner is working in the Haryana Public Works Department (Public Health branch) and has filed this writ petition to impugn the seniority assigned to him in the head office cadre of the department. The petitioner initially was promoted as a Clerk in the year 1991. On his request, he was transferred to the head office cadre on 1.5.1998. In 2001, the petitioner made a representation that he be absorbed in the head office and also submitted an undertaking that he was ready to leave his seniority in the circle level. His application was decided on 15.10.2003 and he was absorbed in the head office cadre with effect from the said date. In the year 2008, the petitioner had served a legal notice that his absorption in the head office cadre be directed w.e.f. 11.1.2001, the date he had filed the application and not from the date of the order. Once this legal notice was not being decided and the person junior to the petitioner was promoted, he filed a writ petition before this court, i.e., CWP No.2631 of 2010, which was disposed of on 16.2.2010 with direction to the respondents to decide the legal notice served by the petitioner in this regard. Now the respondents have passed the impugned order responding to the legal notice served by the petitioner and have rejected the request as made by the petitioner. In the order, it is specifically mentioned that the petitioner had submitted an affidavit that he was ready to accept the seniority in the head office cadre from the date of absorption in the head office. Though the petitioner was promoted as an Assistant against the Civil Writ Petition No.21249 of 2010 : 2 : leave vacancy, but this was a conditional promotion containing a stipulation that he would automatically stand reverted to his original post on joining of Shri Mangal Dev against whose leave vacancy the petitioner was promoted. Said Mangal Dev had joined on 29.4.2009. The cadre has been rightsizing, in the meanwhile, and reduced from 43 to 30 posts. Accordingly, the petitioner has been reverted as there is no post available against which he can be kept on promoted post. The petitioner, therefore, does not come within the consideration zone for promotion to the post of Assistant. The petitioner has allowed the seniority assigned to operate for nearly seven years. If he had any grievance, he was required to approach the court immediately when his seniority was determined. After so many years, when certain promotions have also taken place, the positions cannot be permitted to be disturbed, especially so when the petitioner had given a clear undertaking at the time of his absorption that he be assigned seniority from the date of his absorption. No case for interference in writ jurisdiction is, therefore, made out. The writ petition is dismissed. November 30, 2010 ( RANJIT SINGH ) ramesh JUDGE