CWP No.3129 of 1989 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 3129 of 1989 Date of Decision: 19 - 12 - 2008 Devinder Pal Verma ....Petitioner v. State of Punjab and another ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.R.L.Sharma, Advocate for the petitioner. Mr.Satish Bhanot, Sr.DAG, Punjab for respondent No.1. None for respondent No.2. *** KANWALJIT SINGH AHLUWALIA (ORAL) The present writ petition has been filed by Devinder Pal Verma praying that respondents be directed to promote the petitioner as Superintendent Grade IV with effect from the date Yagia Datt Sharma person junior to him was promoted. In the present writ petition, Yagia Datt Sharma has not been impleaded as party respondent. The petitioner joined the Punjab Public Works department, Irrigation Branch as Clerk on 20.9.1951. He was promoted as Sub CWP No.3129 of 1989 [2] Divisional Clerk on 1.3.1958. He was further promoted as Accounts Clerk on 29.4.1960. As per Punjab Public Works Department, Irrigation Branch Class-III Service Rules, 1965, seniority of Clerks is maintained on Circle basis. However, for appointment as Superintendent Grade IV, the seniority of Accounts Clerks is maintained on State level. Under the Punjab Re-organisation Act, 1966, the work of Bhakra Dam and other works connected thereto were taken over by the Bhakra Beas Management Board which was constituted under Section 79 of the Punjab Re-organisation Act. As per seniority list of Assistants (Accounts Clerks) of Irrigation Branch as on 14.7.1982, name of the petitioner appeared at Sr.No.203 and that of Yagia Datt Sharma at Sr.No.288. Petitioner being senior was promoted as Superintendent Grade IV on 25.7.1980. Petitioner was reluctant to accept the promotion, as the same necessarily involved transfer from Nangal to Patiala. Therefore, the petitioner opted to forego his promotion. In the order of cancelling promotion, it was mentioned that there is no vacant post of Head Clerk at Nangal, therefore, there is no likelihood of the petitioner being retained at Bhakra Beas Management Board. It was further stated therein whenever any vacancy will arise, it was for the office of Bhakra Beas Management Board to recommend the name of the petitioner. Claim of the petitioner is that Bhakra Beas Management Board on 7.9.1984 had promoted Yagia Datt Sharma as Superintendent Grade IV. Therefore, he being senior at the relevant time, should have been promoted as such. Bhakra Beas Management Board has filed the written statement. It has been stated therein that petitioner was an employee of CWP No.3129 of 1989 [3] Punjab Government on deputation with Bhakra Beas Management Board. Therefore, his employer has promoted him on the post which he had foregone. It was stated that no assurance was given to the petitioner. Mr.Bhanot has sated that he was again promoted in the year 1985, then also the petitioner had foregone his promotion. The petitioner cannot now state that as he has foregone his promotion twice, therefore, his junior could not be promoted. Even otherwise, petitioner has not impleaded Yagia Datt Sharma, as respondent. Therefore, there is no merit in the present writ petition and the same is dismissed. ( KANWALJIT SINGH AHLUWALIA ) December 19, 2008. JUDGE RC