C.W.P. No. 12572 of 2011 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 12572 of 2011 DATE OF DECISION: 20.07.2011 Surinder Mohan ..........Petitioner Versus State of Punjab and another ..........Respondents BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Amit Sharma, Advocate for the petitioner. **** DAYA CHAUDHARY, J. The present petition has been filed under Article 226 of the Constitution of India for issuance of direction to the respondents to promote the petitioner and to quash the advertisement dated 14.7.2011 published for the post of Superintendent Grade-I, which is contrary to the rules. Learned counsel for the petitioner submits that the petitioner is senior most Senior Assistant on the basis of seniority and he is not being promoted to the post of Superintendent Grade-I and same is being filled up by way of advertisement on contract basis, which is contrary to the Rules. Learned counsel for the petitioner has relied upon the judgments of Hon'ble the Apex Court in Bhagwandas Tiwari and others Vs. Dewas Shajapur Kshetriya Gramin Bank and others passed in Civil Appeal No. 4722 of 2006 decided on 8.11.2006 and of this Court in Prem Singh Vs. Union of India and others 96 (2) RSJ 400 and Dharamvir Vs. State of Haryana and another 96 (1) RSJ 296 to support his arguments. Heard the arguments advanced by learned counsel for the petitioner and have also gone through the documents available on the file as well as perused the judgments cited by learned counsel for the C.W.P. No. 12572 of 2011 (2) petitioner. The only argument raised by learned counsel for the petitioner is that the issuance of advertisement for filling up the post of Superintendent Grade-I is contrary to the Rules and that cannot be permitted as there is no mode of filling up the post on contract basis. Admittedly, the petitioner was appointed as Clerk with respondent No.2 on temporary basis on 7.9.1973 and his services were regularized on 12.12.1974. Subsequently, on the basis of seniority, the petitioner was promoted as Senior Assistant on 7.4.1982 and since then he is working on the said post. The petitioner being the senior most and only eligible employee for promotion to the post of Superintendent Grade-I has also made representation to the respondents. The only contention raised by learned counsel for the petitioner is that being the senior most employee he has a right to be promoted as Superintendent Grade-I but he has not been considered for promotion inspite of submission of representation before the respondents. The judgments relied upon by the learned counsel for the petitioner are not relevant to the facts of the present case as the post is not being filled up neither by way of direct recruitment nor by way of promotion and same cannot be said to be contrary to the rules. Moreover, the promotion cannot be claimed as a matter of right and it is not the case of the petitioner that some other employees either junior to the petitioner or similarly situated have been considered for the said post and he has been ignored. Only on the basis that the petitioner is senior most employee, he should be considered for promotion, does not carry any weight. The petition being devoid of any merit is hereby dismissed. July 20, 2011 (DAYA CHAUDHARY) pooja JUDGE C.W.P. No. 12572 of 2011 (3) Note:-Whether this case is to be referred to the Reporter .......Yes/No