COCP No. 259 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 259 of 2009 Date of decision:- 27.7.2010 Kamal Singh ......petitioner vs. Mukhtiar Singh Dua and another ......respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Inderjeet Kaushal, Advocate for the petitioner. Mr. Vikash Chatrath, Advocate for respondents. HEMANT GUPTA, J (ORAL) The representation by the petitioner was that a junior has been promoted on the post of Junior Engineer-II (Communication). It is admitted that such junior namely Surjit Singh has been reverted. The subsisting grievance of the petitioner is that the promotional post is lying vacant which has not been filled up by the respondents after reversion of the junior. Respondents in affidavit has stated that there are 9 posts of Junior Engineers under the SC category and all such posts have been filled up. The fact remains that none of the junior is working on the promoted post. Even if, any post is vacant that does not give any right in favour of a candidate to seek promotion. It is for the employer to take decision in respect of filling up of a post in accordance with COCP No. 259 of 2009 -2- rules. In view of the said fact, I do not find any case is made out for continuation of the present contempt proceedings. Consequently, the present contempt petition is dismissed. Rule is discharged. (HEMANT GUPTA) JUDGE 27.7.2010 preeti