L.P.A. No. 749 of 2009 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No. 749 of 2009(O&M) DATE OF DECISION: 31.8.2009 Silak Ram ..........Appellant Versus State of Harayana & Ors. ..........Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. S.K. Verma, Advocate for the appellant. **** ADARSH KUMAR GOEL, J. (Oral) 1. The appellant is aggrieved by order of learned Single Judge dismissing the writ petition seeking direction for consideration for promotion w.e.f. 26.3.1991 as against the date of promotion being 19.8.1992. The petition itself was filed in the year 2009. 2. Learned Single Judge held that there was no merit in the contention raised on behalf of the appellant that a person junior to him had been considered from the earlier date when the said junior was never given promotion from that earlier date. 3. We have heard learned counsel for the appellant. 4. Learned counsel submitted that there is a right of consideration on the date on which a junior person is considered, even if there is no right of promotion. Reliance has been placed on the judgment of the Hon'ble Supreme Court in Food Corporation of India and others L.P.A. No. 749 of 2009 (O&M) (2) Vs. Parashotam Das Bansal and others (2008) 5 SCC 100. 5. In the present case, admittedly, no person junior to the appellant was promoted. The writ petition was filed long after the promotion. Learned Single Judge having held that no prejudice was caused to the appellant, we do not find any ground to interfere with the order of the learned Single Judge. The judgment relied upon is distinguishable. Therein, appeal was against direction to frame scheme for providing avenues of promotion to stagnating cadres. In the present case, the appellant had already been promoted and relief sought is to retrospective date of promotion. 6. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE August 31, 2009 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No