IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.465 of 2011 Date of decision : 12.1.2011 Ram Phal Sharma ....Petitioner Versus State of Haryana and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Vivek Khatri, Advocate for the petitioner. ..... MAHESH GROVER, J. The petitioner claims that he should be promoted as a Driver with effect from the date when his junior were promoted. The petitioner was working as Peon with the respondents and according to the case as set up in the writ petition he was entitled to be promoted as a driver. As per the instructions issued on 3.2.2004 by the Director of Industries, Haryana, it was laid down that the post of drivers shall be filled up on transfer basis from amongst Group D employees working in the department who possess the following qualifications :- i) Middle with Hindi; ii) Light Transport Vehicle Driving Licence; iii) Three years experience of driving light transport vehicle. C.W.P.No.465 of 2011 -2- In accordance with the said policy, directions were given to fill up the posts strictly on the basis of seniority-cum-merit. It is the case of the petitioner that he fulfilled all the qualifications and was entitled to be considered but instead of considering his claim in the light of the instructions and qualifications prescribed, his candidature was rejected and persons junior to him were promoted as Drivers. Learned counsel for the petitioner contends that the petitioner deserves to be promoted with effect from the date when respondents No.4 and 5, who are juniors to him, were promoted and that he is qualified to be promoted as Driver. I have heard the learned counsel for the petitioner and have perused the material on record. Annexure P-11 is the order passed by the Director of Industries and Commerce, Haryana, who considered the case of the petitioner on 24.10.2007 and noted therein that one of the qualifications for promotion as driver was that the person should have three years experience which experience the petitioner was lacking and consequently his candidature was categorically rejected while other Class IV employees were appointed on the post of Drivers on transfer basis. The petitioner has impugned this order in 2011 much belatedly and apart from this there is no material from which it can be inferred that the petitioner was having requisite qualification and experience on the day when his case was being considered. There is thus no merit in the petition as the same has been filed belatedly and also for the reason that nothing has been shown to this court from C.W.P.No.465 of 2011 -3- where it can be inferred that the impugned order is erroneous and that the observations made therein that the petitioner was not having the requisite experience was also without any basis. No ground to interfere. Dismissed. 12.1.2011 (MAHESH GROVER) JUDGE dss