IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 145 of 2009. Decided on: June 24, 2010. State of H.P. & anr. ….. Appellant. Versus Nand Lal Sharma ….Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the appellants: Mr. R.K.Sharma, Sr. Addl. AG. For the Respondent Mr. R.S.Gautam, Advocate. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The State has come up in appeal aggrieved by the judgment dated 17.3.2009 in CWP(T) No. 3805 of 2008. Learned Single Judge has directed the State to grant the monitory benefits, taking note of the fact that the writ petitioner had been wrongfully denied the promotion. The writ petitioner was actually promoted as Lecturer on 22.3.1994, whereas his juniors had been promoted on 7.8.1989. To that extent, there is no dispute. The petitioner is denied the monitory benefits, only on the ground that the petitioner had not actually performed the duties as Lecturer. But, it is now settled law that when there is wrongful denial of promotion and when the juniors have enjoyed the benefit and when the grievance had been duly represented, in such circumstances, the incumbent concerned is liable to restitution. 2. It is submitted by the learned counsel for the writ 2 petitioner that the actual monitory benefits will only be less than 10,000/- and in case it is more than that, he would forego the amount in excess of Rs. 10,000/-. Since on facts, we find that the State was not in a position to explain the reason for the wrongful denial of promotion before this Court and the monitory benefits are given only on account of said inability of the State to explain the wrongful denial of promotion and since the amount is only less than 10,000/-, we do not think that this is a fit case for interference. The view taken by the learned Single Judge is certainly a plausible view. 3. Accordingly, the appeal is dismissed, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. June 24, 2010. ( Justice Rajiv Sharma), (karan) Judge.