IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP (T) No.4369 of 2008 (OA No.1048 of 1997) Reserved on : 21st April, 2009 Date of Decision: 27th April, 2009 Prahlad Bhagat Petitioner Versus State of H.P. and others Respondents Coram The Hon’ble Mr. Justice Sanjay Karol,J. Whether approved for reporting1? No. For the petitioner: Mr.O.P.Sharma, Advocate. For the respondent: Mr.R.K.Sharma, Sr. Addl. Advocate General with Mr.R.P.Singh, Assistant Advocate General, for the respondents. Sanjay Karol, J. The petitioner has filed the present petition praying for the following reliefs:- 1. That the applicant is entitled for promotion from the date his juniors were promoted. 2. That the respondents may be directed to promote the applicant from the date his juniors were promoted and also be directed to pay all the consequential benefits of pension, selection grade and proficiency step up. Whether the reporters of Local Papers are allowed to see the Judgment? 2 It is his case that the petitioner, who is handicapped having 50% disability, was initially appointed as a Work-Inspector in the HP PWD (B&R) in the erstwhile State of Punjab. With the re-organization of the States, his services were allocated to the State of Himachal Pradesh w.e.f. 1.11.1966. He was confirmed as work-charged Work-Inspector in the year 1971. Vide Notification dated 13.11.1972, the State of Himachal Pradesh formulates Rules known as H.P. Public Works Department Subordinate Service Class-III Section Officers (Technical) Recruitment Rules, 1960. In terms thereof 90% of the Section Officers (Junior Engineers) were required to be filled up by direct recruitment and remaining 10% by promotion from various categories including Work-Inspector, who had put in 15 years of service. On the basis of Notification dated 13.11.1972 (Annexure A-1) certain promotions were made in June, 1973. It is the petitioner’s contention that Shri Krishan Lal, Shri Hari Singh and Shri Jyoti Parsad, who were juniors to him were promoted and the promotion of petitioner was wrongly and illegally withheld as the respondents malafidely initiated disciplinary proceedings in the year 1973, which were subsequently withdrawn in the year 1975. The petitioner was promoted as Junior Engineer on 14.11.1974 (Annexure A-III). Consequently, the petitioner has prayed for promotion from the date his juniors were promoted in the year 1973. Eligibility of the petitioner for promotion is not in dispute; that the disciplinary proceedings against the petitioner initiated vide memorandum 3 dated 31.3.1973 were withdrawn vide memorandum dated 3.1.1975 is also not in dispute. The respondents in their reply have clarified that there was a vigilance case pending or contemplated against the petitioner and, therefore, he could not be promoted as Junior Engineer at the relevant time. The disciplinary proceedings were dropped and immediately thereafter he was considered and promoted in accordance with Rules. The respondents have denied that the petitioner was wrongly ignored and the persons junior to him were favourably considered and promoted. On the record, there is nothing to justify/substantiate the allegations of malafide. They are neither properly pleaded nor established on record. That apart, importantly, the petitioner’s grievance emanated in the year 1973 or 1975. He retired from the government service on 31.5.1992. He filed the petition only in May, 1997. The petitioner has not explained as to why it took him 21-22 years to approach the Court for redressal of his grievance. The petition was filed after his retirement. It is not his case the petitioner’s case was pending consideration before the authorities over a long period of time. Simply because he has been representing to the government alone would not extend/give rise to fresh cause of action. Petitioner is an educated person and had means to approach the Court. Hence, there has been inordinate delay in approaching the Court, which has not been sufficiently explained in the present case. For all the aforesaid reasons, the present petition stands dismissed. 27th April, 2009 (Sanjay Karol) (C) Judge.