CWP No. 706 of 2003 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 706 of 2003 Date of Decision : 27.09.2010 Mahender Singh & others .......... Petitioners Versus State of Haryana & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. T.P.S. Chawla, Advocate for the petitioners. Mr. Deepak Jindal, DAG, Haryana for respondents No.1 & 2. Mr. Gulshan Sharma, Advocate for respondent No.5. **** VINOD K. SHARMA, J. The petitioners have invoked the writ jurisdiction of this Court to challenge the order dated 5.3.2001 (Annexure P-1), vide which the private respondents were promoted on ad hoc basis to the posts of Lecturer in Electrical Engineering from the post of Workshop Instructors. The promotions on adhoc basis were made in view of the fact, that draft rules were yet to be notified, and had no force of law, on the date of promotion of the respondents. The case of the petitioners was, that the rule at that time CWP No. 706 of 2003 -2- in force,did not have a provision to promote Workshop Supervisors to the post of Lecturer. After the rules were notified and enforced, the services of the petitioners were regularized, and appointed as Lecturer on regular basis. The petitioners in the writ petition were working on adhoc basis as Lecturer, were aggrieved by the appointment of the private respondents on adhoc basis, in violation of the statutory rules in service. The petitioners did not challenge the regular appointment of the private respondents vide Annexure P-4 after the rules amended. The rules were enforced and notified under which the private respondent had a statutory right of promotion as Lecturer. The challenge to the regularization of the respondent is misconceived, as respondents were appointed on regular basis only after the rules were notified, as under the rules it was permissible to fill in the posts of Lecturer by promotion of the Workshop Supervisor. The dispute, as to whether the private respondents could be promoted on adhoc basis, prior to enforcement of the rules, is rendered infructuous, as the private respondents were promoted on regular basis as per rules. The petitioners were also given the regular promotion to the post of Lecturer. There is no dispute qua seniority inter se raised, in this writ petition. CWP No. 706 of 2003 -3- For the reasons stated, the petitioners have no right to challenge the appointment of private respondents as Lecturer on adhoc basis, as their appointment on regular basis is not under challenge, nor it could be challenged being in accordance with rules. It will however be open to the petitioners to challenge the inter se seniority, if so advised in accordance with law. The writ is ordered to be dismissed but with no order as to costs. 27.09.2010 (VINOD K. SHARMA) 'sp' JUDGE