IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5744 of 2008 Om Parkash Yadav Vs. The State of Haryana & others Present: Mr.Praveen Hans, Advocate, for the petitioner. ***** RANJIT SINGH, J. The petitioner has filed this writ petition seeking writ of mandamus directing the respondents to grant deemed date of promotion as Accounts Clerk/Deputy Superintendent from the date his juniors, i.e., respondent Nos.5 to 35 were promoted. He would further pray for grant of all consequential benefits after grant of deemed date and promotion as prayed for. The stand taken in the written statement is that the petitioner had earlier filed Civil Writ Petition No.213 of 2006 on the same grounds, which was disposed of with the direction to the respondents to take a final decision on his representation, which, he had filed on 25.10.2006. The claim of the petitioner was accordingly considered and the representation was disposed of by passing a detailed speaking order on 21.4.2006. The petitioner was apprised that for the purpose of granting deemed date of promotion, a seniority list was circulated in the Irrigation Department in the year 2005, where his name was included at Sr.No.1 of the seniority list. It is further pointed out that the person, who was ranked junior to the petitioner, had filed Civil Writ Petition No.8267 of 2005 before this court and the operation of order dated 24.5.2005 was stayed. The petitioner had been granted deemed date of promotion through this order. Civil Writ Petition No.8267 of 2005 was admitted. Submission is that the petitioner's case for promotion could not be Civil Writ Petition No.5744 of 2008 : 2 : considered because of stay granted. The record of CWP No.8267 of 2005 was accordingly called. A perusal thereof shows that the said writ petition was disposed of as having been rendered infructuous on 9.7.2010. The order passed in this writ petition reads as under:- “Learned counsel for respondent No.18, has brought to the notice of this court that the petitioner during the pendency of this writ petition was promoted as Circle Superintendent vide order dated 11.4.2007 issued vide Endst.No.1394-1444-2NGE-1/2007, therefore, nothing survives in this petition for adjudication and it has been rendered infructuous. Disposed of accordingly.” Accordingly, now there is no challenge pending to the seniority list where the petitioner has been shown as seniority list No.1. There is no impediment now standing before the State to consider the claim of the petitioner as per his seniority, which has been assigned to him. Let the claim of the petitioner be considered in accordance with law within a period of two months from the date of receipt of copy of this order and petitioner be granted promotion, if due, and all consequential benefits in accordance with law. The writ petition is accordingly disposed of. August 11, 2010 ( RANJIT SINGH ) ramesh JUDGE