R.K.MERATHIA, J. - (1.) Heard the parties finally.
(2.) PETITIONER 's grievance is that he should have been given notional promotion from category -I to Grade -III after completion of one year from his joining, i.e. w.e.f. 10.10.1992, whereas he has been given such benefit from 26.12.1993. Mr. Sahni, learned Counsel for the petitioner, further submitted that other persons were given such benefit just after completion of one year from the respective dates of their appointment. Mr. Sen, appearing for the respondents, submitted that petitioner was appointed as trainee category -I by appointment letter dated 10.10.1991. As per the Circular dated 27,9.1991; the trainees were to be kept on probation for one year and accordingly after completion of one year petitioner came under cadre and on completion of one year thereafter he has been given the promotion rightly from 26.12.1993. He further submitted that the other persons were appointed directly and therefore after completion of three years in service they were given notional promotion w.e.f. completion of one year from the respective dates of their appointment. He further submitted that petitioner accepted his promotion in Grade -II in the year 1997 without any protest and thereafter he is claiming the notional promotion in Grade -I after a long delay,
(3.) MR . Sahni, in reply, submitted that other persons were also sent for training and it is also not known why petitioner has been given Grade -Ill with effect from 26.12.1993 if he completed one year training period on 10.10.1992. He further submitted that when petitioner was given Grade -II in 1997, then cause of action arose, and then he contended that he should have been given Grade -I notionally from 10.10.1992, which grievance remained pending for a long time and thereafter such claim was rejected and therefore there was no delay on the part of the petitioner in raising the claim in question.;