Letters Patent Appeal No. 592 of 2011(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Letters Patent Appeal No. 592 of 2011(O&M) Date of decision:13th May, 2011 Ram Mehar Singh Gehlawat .......Appellant Versus The State of Haryana and others ........Respondents CORAM: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Tribhuvan Dahiya, Advocate for the appellant. 1. To be referred to the Reporters or not?Yes/No 2. Whether the judgment should be reported in the Digest? Yes/No M.M.Kumar, J. 1. The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 23.10.2009, rendered by the learned Single Judge, holding that the appellant cannot claim his right of consideration for promotion merely because vacancies on the promoted post of Horticulture Development Officer are lying. 2. The petitioner may have right of consideration at an appropriate stage at a time when a person junior to the petitioner is either promoted or the persons from another quota have oversubscribed the quota post belonging to the appellant. On the records no such fact has been established and the learned Single Judge has passed a short order, dismissing the writ petition. Letters Patent Appeal No. 592 of 2011(O&M) 2 3. We have heard learned counsel for the appellant at a considerable length and are of the view that no case for interference in the view taken by the learned Single Judge is made out. Firstly, there is no legal right which might have accrued to the appellant for consideration of his case for promotion to the post of Horticulture Development Officer. Secondly, without a legal right, no mandamus could be issued. Thus, the appeal is a frivolous piece of litigation. Learned Single judge has committed no error in law by dismissing the petition. Accordingly, this appeal fails and the same is dismissed. [M.M.KUMAR] JUDGE [GURDEV SINGH] JUDGE 13th May, 2011 Shivani Kaushik