CIVIL APPEAL 11406 of 2008 on 31 October 1998

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP(T) No.: 11406 of 2008.Decided on: 22.12.2010.

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Keshwa Nand Himalayan and another.

… Petitioners.

Versus

The State of Himachal Pradesh and another.

… Respondents.

Coram

The Hon’ble Mr. Justice Rajiv Sharma, J.

Whether approved for reporting?[1] No.

For the Petitioners : Mr. Adarsh Sharma, Advocate. For the Respondents : Mr. P.M. Negi, Deputy Advocate Mr. P.M. Negi, Deputy Advocate General with Mr. J.S. Guleria, Assistant Advocate General.

Rajiv Sharma, J. (oral):

The Departmental Promotion Committee was convened by the respondent-Department for filling up the post of Superintendent Grade-I in the month of September, 2000. Petitioners had already retired on 31.10.1998 and 31.12.1998. Since the petitioners had already retired, their cases could not be considered for promotion retrospectively. Moreover, the petition is also barred by delay and laches. The Departmental Promotion Committee met in the month of September, 2000 and the present petition was filed in 2004. The petitioners have not challenged the promotions already made.

1Whether the reporters of Local Papers may be allowed to see the judgment? No.

2. Consequently, in view of the observations made hereinabove, there is no merit in this petition and the same is dismissed, so also the pending application(s), if any. No costs.

December 22, 2010. (sck).

(Rajiv Sharma), Judge.