CWP No.15647/2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.15647/2007 Date of Decision: 17.1.2008. Rohtash Singh ............. Petitioner Versus State of Haryana and another. ..............Respondents. CORAM: HON'BLE MR.JUSTICE JASBIR SINGH. HON'BLE MR.JUSTICE JASWANT SINGH. Present:- Mr.ID Singla,Advocate for the petitioner. Mr.Harish Rathee,Sr.D.A.G.Haryana. ***** JASBIR SINGH, J.(ORAL) By filing this writ petition petitioner has laid challenge to the order dated 17.8.2007 (Annexure P-4) vide which his prayer to grant benefit of service, rendered by him on temporary basis, between the period from 19.3.1993 till his regular promotion on 29.9.1997, was rejected. Admittedly, prior to his promotion the petitioner was working as a Daftri in the Public Relations Department,Haryana. Record reveals that on account of suspension of one Jagdish Lal, a Clerk, the petitioner on, temporary/ adhoc basis, was promoted as an officiating Clerk. In order dated 19.3.1993 (Annexure P-1) it was specifically stated that promotion was being made without prejudice to the claim of his seniors. In view of facts mentioned above, it is therefore, evident that on the date when the petitioner was promoted temporarily against the post of a Clerk, clear vacancy was not available. Sh.Jagdish Lal, Clerk was having a lien against the post on which the petitioner was promoted. Thereafter, in the year 1997 one post fell vacant on account of promotion of CWP No.15647/2007 2 one Lachhman Singh to the post of Assistant. As per record that vacancy had fallen in the quota/post reserved for promotion from Daftri to the post of Clerk. In view of the facts mentioned above, we feel that the benefit of service rendered by the petitioner on temporary/ adhoc basis in an officiating capacity cannot be given to him. Furthermore, order promoting him from 29.9.1997 was passed on 3.12.1998. Petitioner has not made any challenge to that order. No case is made out for interference. Dismissed. (Jasbir Singh) Judge 17.1.2008 (Jaswant Singh) joshi Judge