IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 12591 of 2008. Reserved on: 04.05.2011. Decided on: 13.05.2011. _________________________________________________ Netar Singh. … Petitioner. Versus Secretary (Education) to the Government of Himachal Pradesh and another. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 Yes. For the Petitioner : Mr. T.C. Sharma, Advocate. For the Respondents : Mr. Vikas Rathore, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. Rajiv Sharma, Judge. Petitioner was appointed as Craft Teacher on 2nd February, 1968 and after acquiring higher academic as well as professional qualification, he was promoted as Trained Graduate Teacher with effect from 21st June, 1976. 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. - 2 - Subsequently, he was promoted to the post of Lecturer on 11th July, 1988. Thereafter was promoted as Headmaster on 26th September, 1998. He has foregone his promotion to the post of Headmaster on 26th November, 1998 vide Annexure A-1. However, the petitioner was again promoted as Headmaster on 23rd November, 2002 and was relieved by the Principal, Government Senior Secondary School, Hatgarh on 9th December, 2002. 2. Mr. T.C. Sharma, learned counsel for the petitioner has strenuously argued that once his client had foregone his promotion to the post of Headmaster on 26th November, 1998, he should not have been promoted again as Headmaster on 23rd November, 2002. He further contended that the petitioner was required to be considered for promotion to the post of Principal on the basis of seniority list of Lecturers (School Cadre) as it stood on 31st December, 2001 whereby he was assigned Sr. No.413. 3. Mr. Vikas Rathore, learned Deputy Advocate General has vehemently argued that the petitioner stood relieved on 9th December, 2002 and thereafter he has joined his duties at Government Senior Secondary School, Bhangrotu. He has also argued that the present petition is barred by delay and laches. 4. I have heard the learned counsel representing the parties and gone through the pleadings carefully. - 3 - 5. It is true that the petitioner has foregone his promotion earlier on 26th November, 1998 to the post of Headmaster. His name figured at Sr. No.413 in the seniority list of Lecturers as it stood on 31st December, 2001. He was promoted again vide office order dated 23rd November, 2002 to the post of Headmaster. It is evident from the contents of letter dated 5th December, 2002 that the petitioner had raised objection that he should not be promoted as Headmaster. However, the fact of the matter is that the petitioner was relieved in sequel to order dated 23rd November, 2002 by the Principal, Government Senior Secondary School, Hatgarh on 9th December, 2002. He had joined his duties as Headmaster at Government Senior Secondary School, Bhangrotu. He remained silent for a period of more than two years and served legal notice on the Principal Secretary (Education), Government of Himachal Pradesh on 21st February, 2005 seeking consideration of his case for promotion to the post of Principal on the basis of seniority list of Lecturers. 6. It has come in the reply that the petitioner has been considered for promotion to the post of Principal on the basis of seniority list of Headmasters before his retirement. There is specific quota prescribed for Headmasters to the post of Principal. It is also true that the Lecturers are also eligible to be promoted to the post of Principal. The petitioner was to superannuate on 31st March, 2007. The fact that the - 4 - petitioner has remained silent for a period of more than two years after joining his duties as Headmaster makes it abundantly clear that he had accepted the post of Headmaster to which he was promoted on 23rd November, 2002. He has not lodged any protest after his relieving on 9th December, 2002 except serving the legal notice upon the Principal Secretary (Education), Government of Himachal Pradesh, dated 21st February, 2005. In view of this, the petitioner is estopped from assailing his promotion to the post of Headmaster on 23rd November, 2002. In case he was not interested to join on the post of Headmaster, he should have assailed the promotion orders by approaching the Tribunal at the earliest instead of waiting for almost three years. The petitioner has filed the Original Application in the learned Himachal Pradesh Administrative Tribunal on 7th May, 2005. Moreover, this Court will not re-open the matter since the petitioner already stood promoted to the post of Principal during the pendency of this petition. 7. Accordingly, in view of the observations and discussion made hereinabove, there is no merit in this petition and the same is dismissed, so also the pending application(s), if any. No costs. (Rajiv Sharma), Judge. May 13, 2011. (sck).