CIVIL WRIT PETITION NO.5323 OF 2009 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: NOVEMBER 09, 2009 D.P.Rattan .....Petitioner VERSUS State of Haryana and 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. A. S. Nabhewala, Advocate, for the petitioner. Mr. Yashwinder Singh, AAG, Haryana, for the State. Mr. Arvind Seth, Advocate, for respondent No.3. **** RANJIT SINGH, J. The petitioner has filed this writ petition praying for his promotion to the post of General Manager, Marketing, with effect from 17.11.2004, though he was promoted w.e.f 4.1.2006. When this writ petition came up for hearing on 12.5.2009, the counsel for the petitioner restricted his prayer for deciding his representation (Annexure P-8) by passing a speaking order. This representation was filed on 27.1.2009, which was after four years of the date of the impugned order i.e. 4.1.2006. There was nothing on record to show if CIVIL WRIT PETITION NO.5323 OF 2009 :{ 2 }: any representation in this regard was made earlier. Counsel for the petitioner, however, asserted that he had moved earlier representations and wanted to place these on record. Subsequently, Annexures P-9 and P-10 were placed on record through miscellaneous application. Copies of these representations were supplied to the State counsel, for him to have instructions, if these representations were filed by the petitioner. The respondents now have placed on record material by filing a miscellaneous application to say that these representations indeed were filed by the petitioner but had been dealt with at that time only. Annexure P-9 was a representation against the tentative inter-se seniority list of Additional General Manager (Procurement & WH) and Additional General Manager (Marketing). After inviting objections on this representation, the inter-se seniority of all the officials was finalised on 20.12.2004. Thereafter, the petitioner apparently not raised any challenge to the same. In fact, he has not made any challenge to this seniority list even in the present writ petition. Annexure P-10 is further representation submitted by the petitioner for promotion to the post of General Manager (Marketing). The petitioner had earlier filed a Civil Writ Petition No.392 of 2005, which was disposed of on an undertaking given by the respondent- HAFED that it will consider the claim of the eligible candidates for promotion to the post of General Manager (Marketing) in accordance with the Rules. Thereafter the agenda was formulated and the concerned employees were heard by the Administrative Committee. It is only that basis the decision was taken on 29.12.2005 to promote CIVIL WRIT PETITION NO.5323 OF 2009 :{ 3 }: Sh.Pritam Singh and the petitioner. Pursuant thereto, the petitioner joined on the promoted post on 4.1.2006. Thereafter, the petitioner did not take any action till he filed this petition on 31.3.2009. In this background, there is unexplained delay on the part of the petitioner in making the present approach. No case is made out for either issuing direction to decide the representation filed by the petitioner or for his promotion w.e.f 17.11.2004 as pleaded in the petition. The writ petition is, therefore, dismissed. November 09,2009 ( RANJIT SINGH ) khurmi JUDGE