IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.10438 of 2005 Date of decision: 4.8.2008 O.P.Sudha -----Petitioner Vs. Uttar Haryana Bijli Vitran Nigam Limited and others -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE RAKESH KUMAR GARG Present: Petitioner in person. Mr. Gaurav Mohunta, Advocate for the respondents. Adarsh Kumar Goel,J. This petition seeks quashing of order dated 2.2.2005 (Annexure P.16) and 8.2.2005 (Annexure P.14) and also seeks grant of deemed date of promotion as J.E.-I (Test) and A.E. prior to the date of promotion of persons junior to the petitioner with consequential benefits. Civil Writ Petition No.10438 of 2005 Case of the petitioner is that he was appointed as Laboratory Assistant on 21.2.1969 with the Haryana State Electricity Board. He was promoted as Line Superintendent on 22.12.1969 and then as J.E. on 22.8.1995. The petitioner on learning that one Subhash Grover who was junior to him had been given promotion as J.E.-I (Test) and also given deemed date w.e.f 28.2.1986, made representations on which he was given seniority from the date his juniors were given promotion without any benefit. The petitioner filed Civil Writ Petition No.16248 of 2004 in this Court, which was disposed of on 14.10.2004 vide order Anenxure P.12 with a direction that the representation of the petitioner be decided within three months. In pursuance thereof, order dated 2.2.2005, Annexure P.16 was passed granting seniority of placing the petitioner at Sr.No.1 above Shri V.K.Gupta. Further order dated 8.2.2005, Anenxure P.14 was also passed to the effect that benefit had already been given to the petitioner in terms of order dated 2.2.2005. Grievance in the writ petition is that the petitioner was entitled to promotion as J.E.-I (Test) and Assistant Engineer prior to the date his juniors Veer Bhan, Subhash Grover etc., were given promotions. In the reply, stand taken is that the petitioner belonged to M & P Wing and not to Operation organization. He joined as Line Superintendent in Operation Organisation without objection 2 Civil Writ Petition No.10438 of 2005 and thus, his cadre was changed from the Laboratory side to the Operation side. Promotion given to Veer Bhan and Subhash Grover in the Laboratory side was not relevant for seniority of the petitioner. In the replication, it has been stated that the posting of the petitioner to the Operation side was without his consent and on his representation, he has been rightly given seniority at Sr.No.1 in the Laboratory side. We have heard the petitioner in person and learned counsel for respondent Nos. 1 to 3. Question for consideration is whether the petitioner is entitled to consequential monetary benefits as a result of his having been restored seniority on his representation. Even though, we do not find any merit in the stand of the respondents that the petitioner having not objected to joining Operation Wing while he belonged to M& P Wing, the said stand being against the impugned order accepting the representation and giving seniority to the petitioner, we are unable to accept the submission that consequential benefits must always follow on benefit of seniority being restored. The cause of action, as per writ petition, arose to the petitioner on 4.8.1987 when one Subhash Grover was given promotion and was given deemed date of promotion, while the petitioner was given promotion in the year 1995. The petitioner 3 Civil Writ Petition No.10438 of 2005 moved this Court only in the year 2004 when his representation was ordered to be considered. In these circumstances, the petitioner himself having moved the Court after 17 years of arising of cause of action, we do not find any merit in the claim for financial benefits for the period of notional seniority retrospectively given. The petition is, accordingly, dismissed. (Adarsh Kumar Goel) Judge August 4, 2008 (Rakesh Kumar Garg) ‘gs’ Judge 4