C.W.P. No.8222 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.8222 of 2009 DATE OF DECISION: MAY 27, 2009 ] Lachhman Ram .....PETITIONER Versus State of Haryana and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL --- Present: Mr.Nonish Kumar, Advocate, for the petitioner. .. SATISH KUMAR MITTAL, J. The petitioner, who is working as Assistant Manager in the office of Haryana State Industrial and Infrastructure Development Corporation Limited, has filed the instant petition under Article 226 of the Constitution of India for quashing the order dated 20.8.2008 (Annexure P7), whereby respondent No.4 has been promoted as Manager (Accounts) in the office of Haryana State Industrial and Infrastructure Development Corporation Limited, Barhi, District Sonepat. The petitioner has also prayed for issuing direction to the respondents to decide the legal notice dated 5.12.2008 served by the petitioner. I have heard the arguments of the learned counsel for the petitioner. It is admitted position that respondent No.4 was promoted from the post of Assistant Accountant to the post of Assistant Manager (Accounts) on 8.7.1999, whereas the petitioner has been promoted from the C.W.P. No.8222 of 2009 -2- post of Assistant Accountant to the post of Assistant Manager (Accounts) on 4.6.2007. It is the case of the petitioner that in the cadre of Assistant Accountant, the petitioner was senior to respondent No.4 as per the seniority of the Assistant Accountants as on 1.9.1988. However, in the year 1999, respondent No.4 was promoted as Assistant Manager (Accounts) ignoring the claim of the petitioner. It is further admitted position that the petitioner did not challenge the promotion of respondent No.4 as Assistant Manager (Accounts) on the ground that he was junior to him. Only in September, 2006, a legal notice was given to the respondents. It is the case of the petitioner that in pursuance of the legal notice/representation given by the petitioner, he was promoted as Assistant Manager (Accounts) on 4.6.2007. It is also conceded position that the petitioner did not challenge the action of the respondents as to why he was not given promotion with effect from the date his junior was promoted. Though, it is stated that the petitioner made a representation against the promotion of respondent No.5 to the post of Assistant Manager (Accounts). Now when respondent No.4 has been further promoted as Manager (Accounts), the instant petition petition has been filed by the petitioner. Since respondent No.4 was senior in the cadre of Assistant Manager (Accounts), he has been rightly promoted to the post of Manager (Accounts). In my opinion, the petitioner should have challenged the order dated 8.7.1999, whereby respondent No.4 was promoted to the post of Assistant Manager (Accounts), which the petitioner had not challenged within a reasonable time. Now at this belated stage the petitioner cannot be permitted to challenge the said promotional order. As far as promotion of C.W.P. No.8222 of 2009 -3- respondent No.4 to the post of Manager (Accounts) is concerned, there is no illegality because the said respondent is undisputedly senior to the petitioner in the cadre of Assistant Manager (Accounts). Thus, I do not find any ground to interfere in the impugned order dated 20.8.2008 (Annexure P7), whereby respondent No.4 has been promoted to the post of Manager (Accounts). Dismissed. May 27, 2009 (SATISH KUMAR MITTAL) vkg JUDGE