IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 20666 of 2008 Date of Decision. December 09, 2008 Gurcharan Singh ......Petitioner Versus State of Punjab .....Respondent Coram Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Rajan Gupta Present Mr. Gurcharan Singh, Advocate for the petitioner. Ashutosh Mohunta, J (Oral ) The petitioner, who was working as Under Secretary in the Punjab Civil Secretariat has prayed that direction be issued to the respondents to consider his case for promotion to the post of Deputy Secretary against the leave vacancy. Learned counsel for the petitioner has placed reliance upon note 5(a) and (b) below Rule 14.4 of CSR Vol. I, part I. The aforementioned note is reproduced as under:- “ Note 5-(a) Short term vacancies, the duration of which exceeds two months by an appreciable margin, may be filled up in the normal manner by the authorities competent to make appointments against the posts. (b) Officiating promotions in vacancies of two months' duration or less continuous chain of vacancies in the same grade, each of a duration of two months or less but which take together extend beyond two months, should not as a rule be made save in very exceptional circumstances with the prior approval of the Administrative Secretary concerned in the case of gazetted appointments and of the Head of Department in the case of non gazetted appointments.” Perusal of the note 5 (a) shows that a diserition has been given to Authority to fill up a leave vacancy temporarily. The petitioner CWP No. 20666 of 2008 -2- does not have any legal statutory right for claiming benefit under Rule 14.4 of the Punjab Civil Services Rules, Vol. I , Part 1. Apart from the above, the petitioner has already retired on 31.7.2008 and therefore, no relief can be granted to him. Writ petition is accordingly dismissed. (Ashutosh Mohunta) Judge December 09, 2008 (Rajan Gupta) mamta Judge