IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 9913 of 2006 DATE OF DECISION : 26.05.2009 Anish Kumar Gupta and others .... PETITIONERS Versus Haryana Power Generation Corporation Limited and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Dinesh Kumar, Advocate, for the petitioners. Mr. Deepak Baliyan, Advocate, for respondents No.1 to 4. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners have filed this petition under Article 226 of the Constitution of India for quashing the order dated 1.6.2006 (Annexure P- 17), whereby their claim for promotion on the post of Boiler Controller/ Assistant Engineer has been rejected on the ground that their appointment on the feeder post i.e. Junior Engineer itself is under challenge in this Court in CWP No. 13541 of 1995. During the pendency of this petition, the aforesaid writ petition i.e. CWP No. 13541 of 1995 was decided by this Court on 4.12.2008, wherein appointment of the petitioners on the post of Junior Engineer was upheld and the reversion order passed against them has CWP No. 9913 of 2006 -2- been set aside. It is the conceded position that the Letters Patent Appeal No. 353 of 2009, filed by the respondents against the aforesaid judgment of this Court, has also been dismissed on 15.5.2009. In view of the dismissal of the Letters Patent Appeal and in view of the fact that appointment of the petitioners on the post of Junior Engineer, feeder post, has already been upheld, counsel for the respondents states that claim of the petitioners with regard to their promotion to the post of Boiler Controller/Assistant Engineer will be considered in accordance with law, if they are found eligible for the promotional post, from the date their juniors have been promoted on that post. In view of the aforesaid fair stand taken by counsel for the respondents, this petition is disposed of with a direction to the respondents to consider the claim of the petitioners for their promotion to the post of Boiler Controller/Assistant Engineer, in accordance with law, if they are found eligible, from the date their juniors have been promoted on that post. May 26, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE