IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No.15539 of 2008 Date of decision: January , 2009 Smt. Krishna Gehlot ... Petitioner Versus State of Haryana & another ... Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. S.K. Sud, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? AJAY TEWARI, J. This writ petition has been filed claiming seniority over and above the respondent No.2 on the ground that the said respondent was originally appointed in field and was subsequently appointed in Head office on transfer basis on 18.01.1984 and consequently lost her entire seniority when she joined in the Head Office. Learned counsel for the petitioner has argued that originally the respondent No.2 was also promoted as Transport- sub-Inspector on 15.07.1988 over and above the petitioner and, on representation by the petitioner she was promoted w.e.f. 14.07.1988 one day prior to the respondent No.2. It was further argued that in these circumstances the subsequent orders treating the respondent No.2 as senior to the petitioner is illegal. CWP No.15539 of 2008 -2- In my opinion, this writ petition is misconceived. It is not disputed that the respondent No.2 joined in the Head Office prior to the petitioner. Thus, any seniority which the said respondent lost would be viz-a-viz the existing employees and not the petitioner who was not borne on the cadre when the said respondent joined in the Head Office. Thus, there can be no infirmity in considering the respondent No.2 to be senior than the petitioner. The Hon'ble Supreme Court has laid down in Uttaranchal Forest Rangers' Assn.(Direct Recruit) and others versus State of U.P. and others reported as (2006) 10 SCC 346 while relying on an earlier decision in State of Bihar and others versus Akhouri Sachindra Nath and others reported as 1991 Supp(1) SCC 334 that no retrospective promotion or seniority can be granted from a date when an employee has not even been borne in the cadre so as to adversely affect the direct recruits appointed validly in the meantime. Consequently, the writ petition is dismissed. No costs. January , 2009 (AJAY TEWARI) sonia JUDGE