IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2981 of 2008 Date of Decision: 28.2.2008 Dina Nath Arora Petitioner Versus State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Shri Dilbagh Singh, Advocate for the petitioner Jasbir Singh, J. (Oral) By filing this writ petition, the petitioner claims that directions be issued to the respondents to promote him to the post of Junior Engineer (Civil), from the date his juniors were promoted, after refixing his seniority, from the date of his joining service on 18.8.1971. It is not in dispute that by seeking above said relief, earlier also, the petitioner came to this Court, his writ petition was disposed for on 6.12.2001. The respondents were directed to reconsider his case. Relevant portion of the order reads thus:- “In this view of matter, I dispose of all the five writ petitions by giving directions to the respondents to consider the case of the petitioner(s) for promotion to the post of J.E.(s) and if some posts were in existence prior to coming into force J.E. rules of 1986, those posts should be filled by applying the old criteria for the purpose of eligibility and the record prior to coming in force the rules vide notification dated 8.12.1986 Civil Writ Petition No.2981 of 2008 shall be taken into consideration. This exercise shall be completed by the respondent within six months. With these observations and directions, all the five writ petitions stands disposed of”. In consequent to the order passed, matter was taken up by the department. Personal hearing was also given to the petitioner and after analysing eligibility condition and vacancy position prior to the coming into existence of new rules in the year 1996, following order was passed by the competent authority on 26.6.2002 (P/12):- “It has been found from the available record that Haryana Govt. in the year 1983 vide their letter No.5/1/83-I B&C dated 26.5.1983 imposed 10% cut on the existing strength of staff in all departments of State Govt. to minimize the expenditure on Establishment which was resulting in depletion of funds needed for execution of development works. It has been further derived from the record that as on 31.3.1985 the total sanctioned strength of JEs was 548 and as per directions of Govt. after imposing the cut the sanctioned strength was 494 (548-54). Against the said sanctioned strength of 494 JEs total 517 JEs were already working and there was 23 JEs in excess. More over you are too junior in the seniority list of Work Inspector, Work Mistries/ Work Supervisors. In view of above no vacant post of J.E. is available prior to service rules of J.E.s 1986 come into force and as such you are not entitled to be considered for promotion as J.E. by 2 Civil Writ Petition No.2981 of 2008 applying old eligibility criteria as per decision of Hon’ble High Court.” The petitioner kept mum and even now, without laying challenge to the order rejecting his claim, referred to above, has filed this writ petition, seeking the same relief which he has earlier sought in CWP No.8317 of 1993. We feel that the petitioner is not entitled to get any relief at this stage. Order passed on 26.6.2002 (P/12) has become final. In that order it has specifically been stated that there was no vacancy available before coming into existence of new rules, against which the petitioner could have been adjusted/promoted. Otherwise also, this writ petition is belated. No case is made out for interference. Dismissed. (Jasbir Singh) Judge February 28, 2008 (Jaswant Singh) gk Judge 3