IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 82 of 2011 Date of Decision: March 23, 2011 Ram Saran Arora …Appellant Versus Punjab Agricultural University, Ludhiana and others …Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. Naresh Prabhakar, Advocate, for the appellant. 1. To be referred to the Reporters or not? YES 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 22.7.2010 rendered by the learned Single Judge dismissing the writ petition filed by the ap- pellant claiming that on the basis of interview call received by him in Advertisement No. 4/91 (P-1), he was also entitled to be consid- ered in the subsequent selection process initiated about three years later on the post of Administrative-cum-Accounts Officer at the Punjab Agricultural University, Ludhiana. The learned Single Judge rejecting the aforesaid contention has held that in the sub- sequent advertisement the requirement for appointment to the post of Administrative-cum-Accounts Officer was different, which the appellant did not fulfill. LPA No. 82 of 2011 2. In the earlier advertisement three years supervisory experience as Superintendent or equivalent in a Government of- fice or educational institution, preferably in a University with good record of service was stipulated whereas in the subsequent adver- tisement three years supervisory experience as Superintendent Grade-I or equivalent in a Government office or educational insti- tution, preferably in a University with good record of service was required. The appellant was considered against the first adver- tisement where he fulfilled the qualification but he did not fulfill the qualification of the later advertisement and, therefore, he could not be sent an interview call because he was not holding the post equivalent to the post of Superintendent Grade-I. He was only working as an Office Manager in a Cooperative Mill and the pay scale of the Office Manager was less than that of the Superin- tendent Grade-I. It is, thus, obvious that the appellant was work- ing on an inferior post of Office Manager and accordingly he was not given interview call. 3. We have heard learned counsel at a considerable length and are of the view that there is no indefeasible right vested in the appellant to be considered for appointment to the post of Administrative-cum-Accounts Officer, particularly when he did not answer the qualification prescribed for that post. In the earlier advertisement the qualifications were different whereas in the later advertisement he needed to have held a post equivalent in status to that of Superintendent Grade-I, which he lacked. The criteria to assess that status was the pay scale, which he was drawing. On an examination of the pay scale of the post which he 2 LPA No. 82 of 2011 was holding and that of Superintendent Grade-I, the learned Sin- gle Judge has opined that the appellant could not have been called for interview. For the aforesaid view we draw support from the judgment of Hon'ble the Supreme Court rendered in the case of Tarsem Singh v. State of Punjab, 1994 (4) SLR 577. In para 9 of the judgment following pertinent observations have been made:- "9. ......Promotion as understood under the service law jurisprudence means advancement in rank, grade or both. Promotion is always a step towards advance- ment to a higher position, grade or honour. ......" 4. The higher pay scale, thus, represents higher status and rank. The appellant, in fact, has pay scale lower than that of Superintendent Grade-I and, thus, was rightly not called for inter- view. Moreover, he has retired around the year 2005 and the in- stant petition was filed in the year 1995. In any case, no useful purpose would be served at this stage because he cannot be con- sidered for appointment. Therefore, the conclusion reached by the learned Single Judge is upheld and the appeal is dismissed. (M.M. KUMAR) JUDGE (T.P.S. MANN) March 23, 2011 JUDGE PKapoor 3