LPA No. 1618 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1618 of 2010 (O&M) Date of Decision 06.01.2011 Ashwani Bhardwaj -----Appellant Versus Chandigarh Industrial and Tourism Development Corpn. Limited etc. ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. D.V. Sharma, Sr. Advocate with Mr. Harit Sharma, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 22.07.2010 rendered by the learned Single Judge holding that the appellant being junior to respondents No. 2 and 3 was not entitled to be considered for promotion to the post of Sub Divisional Engineer from that of Junior Engineer. The argument of the counsel for the appellant that respondents No. 2 and 3 have been appointed on the ex-cadre post of Assistant Manager in the same organisation, was rejected holding that the respondents who were senior to the appellant continued to enjoy the right of consideration for promotion in their own department. In other words, respondents No. 2 and 3 were never driven out of cadre of Junior Engineer, even their confirmation on LPA No. 1618 of 2010 (O&M) -2- the ex-cadre post of Assistant Manager under the same employer would not result in the deprivation of their right for consideration for promotion to the post of Sub Divisional Engineer from that of Junior Engineer as they continued to enjoy the right to be considered for promotion in their own department and cadre. 2. We have heard learned Senior counsel at a considerable length and are of the view that there is no room to interfere in the view taken by the learned Single Judge. It is not a case where the respondents were absorbed permanently in a different cadre posts after obtaining options from everyone belonging to cadre of Junior Engineer. Respondents No. 2 and 3 being senior were posted to an ex-cadre post which did not have the effect of completely depriving them the right to be considered for promotion in their parent cadre. There is, thus, no merit in the appeal which may warrant admission. 3. Accordingly, the appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE (T.P.S. MANN) JUDGE January 06, 2011 Atul