CWP No. 18891 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 18891 of 2009 Date of Decision : 9.12.2009 Jagat Ram .......... Petitioner Versus Haryana State Housing Corporation & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Ravi Sharma, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) This writ petition under Article 226/226 of the Constitution of India is directed against the promotion of respondent No.3 as Assistant Manager (Administration). The petitioner joined the department on 25.4.1979 as Godown Attendant-cum-Watchman and was promoted as Clerk-cum-typist on 23.12.1981. The petitioner was thereafter promoted as Assistant on 16.5.1996. The post of Assistant Manager fell vacant on 1.8.2009. The petitioner was one of the candidates eligible for promotion. The case of the petitioner along with other eligible candidates was considered. The respondent No.3, who had better service record than the petitioner, has been promoted to the post of Assistant Manager (Administration). The learned counsel for the petitioner has challenged the promotion of respondent No.3 primarily on the ground that the promotion is CWP No. 18891 of 2009 2 outcome of favoritism of the Managing Director respondent No.2 who wanted to appoint respondent No.3 as he was in his personal staff as Personal Assistant. It is also the contention of the learned counsel for the petitioner that he was not eligible for the promotion and the post was kept vacant till he acquired the necessary qualifications. On consideration, I find no force in the contention raised by the learned counsel for the petitioner. Respondent No.3 was eligible on the date when the case for probation was considered. Further the service record placed on record by the petitioner clearly shows that the record of respondent No.3 is much better than that of the petitioner, therefore, the contention of the learned counsel for the petitioner that promotion was out of favour of Managing Director cannot be accepted. No merit. Dismissed. 9.12.2009 ( VINOD K. SHARMA ) 'sp' JUDGE