JUDGMENT : 1. Brief facts necessary for the adjudication of the present petition are as under:- The case of the petitioner is that he was working with the respondent-department from 24.07.1990 as a Laboratory Attendant on a consolidated salary on part time basis. As his services were not being regularized, he filed CWP No.6249 of 2010 before this Court, which was allowed vide judgment dated 19.06.2012, in terms of a judgment delivered by this Court in CWP No.5444 of 2010, titled as Jeet Ram Versus State of H.P. In compliance thereof, the petitioner was conferred the status of whole time contingent paid worker w.e.f. 05.05.1998 and thereafter, regularized as Peon-cum-Chowkidar w.e.f. 29.12.1998, vide order dated 19.02.2013 (Annexure A-3). As the name of the petitioner was not being reflected in the seniority list of Class-IV employees, therefore, High Court vide order dated 13.11.2014, passed in CWP No.6609 of 2014 directed the respondents to draw the seniority list of Peon-cum-Chowkidar within a period of ten weeks and in compliance thereto, vide Corrigendum dated 23.01.2015 (Annexure A-5), in partial modification of Office Order dated 04.05.2006, vide which the final seniority list of Class-IV employees as on 31.05.2013 was circulated, the petitioner was assigned seniority number 668-A and his date of appointment was reflected as 29.12.1998. As the petitioner thereafter was not being promoted to the post of Laboratory Attendant from the date when his juniors were promoted, he filed Contempt Petition No.353 of 2015, which was decided on 27.05.2015, with direction to the respondents to comply with the judgment dated 13.11.2014, passed in CWP No.6609 of 2014. 2. Thereafter, the petitioner made a representation to the respondents, dated 26.06.2015, to promote him to the post of Laboratory Attendant w.e.f. 28.05.2008, i.e. the date from which his juniors were promoted. A copy of this representation is appended with this petition as Annexure A-7. The petitioner was promoted to the post of Laboratory Attendant vide order dated 11.09.2015, whereas according to him he was entitled for this promotion to the post of Lab Attendant w.e.f. 28.05.2008, i.e. the date when his juniors were promoted as such. A copy of this representation is appended with this petition as Annexure A-7. The petitioner was promoted to the post of Laboratory Attendant vide order dated 11.09.2015, whereas according to him he was entitled for this promotion to the post of Lab Attendant w.e.f. 28.05.2008, i.e. the date when his juniors were promoted as such. He filed another representation to this effect, i.e. Annexure A-9, dated 14.10.2015, but as no action stood taken upon the same, the petitioner preferred present writ petition, praying for the relief that respondents be directed to consider the case of the petitioner for promotion as Laboratory Attendant w.e.f. 28.05.2008 when juniors to him were promoted against the said post, alongwith all consequential benefits. 3. The petition has been resisted by the respondents, inter alia, on the ground that those Class-IV employees of Education Department were considered for promotion to the post of Laboratory Attendant, who exercised their options for being promoted as such and as the petitioner did not opt for his promotion to the post of Laboratory Attendant since 19.02.2013 till 22.10.2014, therefore, he was rightly promoted only after he had exercised this option. 4. I have heard learned counsel for the parties and have also gone through the pleadings of the parties. 5. In this case, as is evident from the facts narrated hereinabove, the petitioner was promoted on regular basis against the post of Peon-cum-Chowkidar w.e.f. 29.12.1998, vide order dated 19.02.2013. In fact, a perusal of Office Order dated 19.02.2013 demonstrates that in compliance to the judgment passed by this Court in CWP No.6249 of 2010-G, dated 19.06.2012, on the recommendation of the Departmental Promotion Committee, the petitioner who was serving as a Part Time Water Carrier, was converted as a Whole Time Contingent Paid Worker w.e.f. 05.05.1998 and was further promoted as regular Peon-cum-Chowkidar w.e.f. 29.12.1998. Thus, though the petitioner was promoted as a regular Peon-cum-Chowkidar w.e.f. 29.12.1998, but this Office Order was issued only on 19.02.2013 only and as his name was not being reflected in the seniority list of Class-IV employees, this was done by the respondent-department only after issuance of Corrigendum dated 23.01.2015. 6. In these circumstances, it is not understood as to how the petitioner was expected to give his option for being promoted against the post of Laboratory Attendant before the issuance of Office Order dated 14.02.2013 and the issuance of Corrigendum dated 23.01.2015. 7. 6. In these circumstances, it is not understood as to how the petitioner was expected to give his option for being promoted against the post of Laboratory Attendant before the issuance of Office Order dated 14.02.2013 and the issuance of Corrigendum dated 23.01.2015. 7. That being the case, after the petitioner was promoted as regular Peon-cum-Chowkidar w.e.f. 29.12.1998 and his seniority position was also duly assigned to him vide Corrigendum dated 23.01.2015, the respondent-department was duty bound to seek the option of the petitioner and offer him promotion against the post of Laboratory Attendant at least from the date when persons junior to him stood promoted to the said post. This admittedly not having been done by the respondent-department, cannot be allowed to act to the deterrent of the petitioner. In other words, after the issuance of Office Order dated 19.02.2013 and Corrigendum dated 23.01.2015, the respondent-department ought to have had conferred promotion to the petitioner against the post of Laboratory Attendant from the date when persons junior to him were promoted against the said post and in case he opted not to go for the promotion then consequences would have ensued. 8. Accordingly, this writ petition is allowed by holding the act of the respondent-department of not promoting the petitioner to the post of Laboratory Attendant from the date when persons junior to him were promoted as such, after he stood promoted against the post of Peon-cum-Chowkidar w.e.f. 29.12.1998, vide order dated19.02.2013 and after he stood assigned due seniority in the seniority list of Class-IV employees, vide Corrigendum dated 23.01.2015, as bad in law. Respondents are directed to promote the petitioner to the post of Laboratory Attendant from the date when persons junior to him were promoted and if need so arises the same be done by creating a superannuary post, with consequential benefits. These benefits shall be notional as up to the date of passing of the judgment and thereafter, actual benefits shall accrue to him including monetary benefits and seniority etc. 9. With these directions, this writ petition stands disposed of, so also pending miscellaneous applications, if any.