LPA No. 1320 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LPA No. 1320 of 2011 (O&M) Date of Decision: 03.08.2011 Sh. V.D. Sharma ....Appellant Versus United India Insurance Company and others ....Respondents CORAM: HON'BLE MR. JUSTICE M.M.KUMAR, HON'BLE MR. JUSTICE GURDEV SINGH. Present : Mr. J.K. Goel, Advocate, for the appellant. 1. Whether 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 Appeal is directed against order dated 23.02.2011 rendered by the learned Single Judge holding that the appellant could not earn promotion and at the same time decline to join at his new place of posting. Accordingly, his representation for change of place of posting was rejected. Thereafter he had forgone his promotion. The learned Single Judge has noted that in the order dated 16.02.2011 the petitioner changed his stand and once again applied for grant of promotion. Firstly, the learned Single Judge did not permit the change of stand. However, the learned counsel for the appellant was permitted to seek instructions on the issue whether the appellant would be prepared to go to Ahemdabad after promotion. After instructions on 23.02.2011 learned counsel for the appellant stated that the appellant was not in a position to move to Ahemdabad. LPA No. 1320 of 2011 (O&M) -2- 2. We have heard learned counsel and are of the view that the present appeal is completely misuse of the process of the Court. The appellant cannot choose his place of posting on his promotion to the higher post. Accordingly he has made his choice by giving up the promotion and avoiding his transfer to a far of place. He cannot earn promotion and go to a place of choice of posting. The appeal is wholly without merit and does not warrant admission. Accordingly, the same is dismissed. In view of the dismissal of appeal on merit, we do not wish to pass any order on the application seeking condonation of delay of 74 days in filing of the instant appeal. (M.M.KUMAR) JUDGE (GURDEV SINGH) 03.08.2011 JUDGE Jyoti 1