CIVIL WRIT PETITION NO.10915 of 2009 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: August 03, 2009 Dr.Sahib Singh Chandna .....Petitioner VERSUS State of Haryana & others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr.Pankaj Maini, Advocate, for the petitioner. **** RANJIT SINGH, J. The basic claim made by the petitioner in the present writ petition is to seek retrospective promotion of various posts like Senior Scientific Assistant and Senior Scientific Officer followed by Assistant Director. This claim is made on the ground that the past service of the petitioner rendered in different departments of the State from 9.12.1976 to 6.3.1982 be counted for the purpose of his seniority. Plea is that if this service is taken into consideration, the petitioner would be senior most Assistant Director and, thus, would be eligible CIVIL WRIT PETITION NO.10915 of 2009 :{ 2 }: for promotion to the post of Director. The support is taken in this regard from the earlier order passed by this Court on 2.8.1999 in Civil Writ Petition No.710 of 1998. The petitioner claims that he was found suitable and recommended for promotion to the post of Senior Scientific Officer on 26.12.1985. The promotion, however, was denied to the petitioner. To make grievance about this now in the year 2009, obviously is highly belated. The petitioner appears to have filed some writ petition in the year 1999 where order, Annexure P-6, was passed. His record was directed to be treated as good with consequential relief. The petitioner thereafter made a representation for granting benefits of his service rendered in the other departments but no action was taken. This representation, however, was rejected. In the year 2003, the petitioner filed a writ petition before this Court for quashing an advertisement dated 5.12.2003 and to consider him for promotion to the post of Assistant Director. The petitioner was considered eligible and accordingly considered for promotion and this part of the relief was rendered infructuous. The petitioner made a claim for retrospective promotion to the post of Senior Scientific Assistant and Senior Scientific Officer, which was not considered due to lack of proper pleadings. While disposing of the writ petition, liberty was given to the petitioner to file a fresh petition for claiming retrospective promotion. During the course of arguments, counsel for the petitioner conceded that he filed a petition asking for retrospective promotion but the same was dismissed by this Court. Though not clear but this challenge was made by the petitioner in Civil Writ Petition No.9282 of CIVIL WRIT PETITION NO.10915 of 2009 :{ 3 }: 2004, which was dismissed on 9.11.2006 on the ground of limitation. The claim of the petitioner for retrospective promotion was earlier not gone into by this Court in its order dated 4.5.2004. Thereafter, the petitioner had raised a challenge and had remained unsuccessful as disclosed above. Now after five years, he has again repeated this challenge without clearly disclosing the fact that he had remained unsuccessful in his prayer for seeking retrospective promotion. This appears to have been done in pursuant to the liberty given to the petitioner vide Annexure P-10. His earlier prayer in this regard was declined on the ground of delay. The petitioner can not be permitted to revive the cause by filing representations. The petitioner, thus, can not be permitted to re-agitate the issues, which had been earlier considered and declined by this Court. It can be noticed that the liberty was given to the petitioner to seek retrospective promotion, on 4.5.2004. The petitioner would not have any explanation to explain this delay of 5 years to seek the same relief now through the present writ petition specially when, earlier prayer was declined due to delay. The writ petition is accordingly dismissed. August 03, 2009 ( RANJIT SINGH ) khurmi JUDGE