JUDGMENT M.G. Chitkara, Member (Judl.)— Shri Jagdish Chandra, Assistant Engineer, H. P. Public Works Department filed Civil Writ Petition No. 16 of 1980 in the Honble High Court of Himachal Pradesh praying, besides other reliefs, for proforma-promotion with effect from June 18, 1968 when his junior Shri A. S. Khan was appointed as Assistant Engineer on ad hoc basis. The writ petition was transferred to the Himachal Pradesh Administrative Tribunals Act, 1985 on September 8, 1986 and as such the writ petition is being treated as an application under section 19 of the Act ibid. 2. Shri K. D. Shreedhar, the learned Counsel appearing for the petitioner submitted that he confines his submissions in respect of the promotion/appointment on ad hoc basis with effect from June 18, 1968 when Shri A. S. Khan was appointed as such and other reliefs in the writ petition were not pressed by him. 3. The relevant admitted facts which are necessary for the present controversy are that the petitioner was appointed as regular Overseer/ Sectional Officer on December 1957 and was confirmed as such with effect from June 1, 1960 vide office order dated June 4, 1966 when he was on deputation in the Indian Army during the National Emergency since February, 1964. He served in the Army upto August, 1970 but his lien was retained in H. P. Public Works Department. On June 18, 1968 and January 15, 1969 S/Sh. A. S. Khan and S. K. Dhiman junior to the petitioner were promoted/appointed as Assistant Engineers on ad hoc basis. The petitioner too was promoted as Assistant Engineer on ad hoc basis vide office order dated September 15, 1970. 4. The case and the grievance of the petitioner in nutshell is that the petitioner while on deputation in the Indian Army has retained his lien in H. P. Public Works Department and was entitled to be considered for promotion when his juniors S/Shri A. S. Khan and S. K. Dhiman were promoted as Assistant Engineers on ad hoc basis with effect from June 18, 1969 and January 15, 1969. The case of the State as it emerges from Memo, dated May 6, Iv69 and reply affidavit, dated June 16, 1980 is that the promotion of S/Shri A. S. Khan and S. K Dhiman was only on ad hoc basis and that he will also be considered for promotion alongwith others as and when regular promotions are made in the department. However, it is admitted by the State that the Army Reservists are entitled for benefit under next below rule, under the provisions of F. R 20 if such promotions are made on regular basis but the petitioner was not entitled to this benefit as the promotions of his juniors were not made on regular basis. 5. We have gone through the record and have noted the respective submissions made by Shri K. D. Shreedhar, the learned Counsel for the petitioner and Shri M. V. Sharma, Additional Advocate General. The petitioner was confirmed as Overseer/Sectional Officer vid3 order dited June 4, 1966 with effect from June I, 1960 (Annexure P3-t), while the petitioner was in Army service on such confirmation, the petitioner acquired a lien on the post of Overseer/Sectional Officer because the confirmation is nothing but appointment on substantive basis. 6. The petitioner was admittedly senior to S/Shri S. K Dhiman and A. S. Khan as would be evident from the final joint integrated seniority list of Sectional Officers/Junior Engineers (Civil), Annexure PD/2, wherein the petitioner Shri J. C. Nijhawan is shown at SI. No. 209 and S/Shri S K Dhiman and A. S. Khan at SI. Nos. 211 and 212 respectively. Shri A. S. Khan was appointed/promoted as Assistant Engineer on ad hoc basis vide office order dated June 18, 1968 whereas Shri S. K. Dhiman was promoted as such vide office order dated January 15, 1969. It is well established that the promotion cannot be claimed as a matter of right but at the same time, the constitutional principle of equality enshrined in Articles 14 and 16 requires that where occasion arises for considering the competing claims for promotion of more Government servants than one, each one of them is entitled to his case being considered on merits. (See B. Chandragupta v. The Chairman Post and Telegraphs Board, New Delhi and others, 1970 SLR 284). (See B. Chandragupta v. The Chairman Post and Telegraphs Board, New Delhi and others, 1970 SLR 284). The petitioner was admittedly senior to S/Shri A. S. Khan and S K. Dhiman and as such was entitled to be considered for promotion on ad hoc basis when his juniors were promoted. Even for an ad hoc promotion and eligible persons have a right to be considered under Article 16 (I) of the Constitution (See Mallinath Jain v. Municipal Corporation of Delhi and others, 1973 SLJ 239 at page 260 para 40), and senior persons cannot be ignored unless they are involved in departmental/vigilance cases, which is not the case before us The petitioner was confirmed as Overseer/Sectional Officer which effect from June 1, I960. Although on deputation with Indian Army but he had a lien in H. P Public Works Department and as such ought to have been considered for promotion when his juniors were promoted on June 18, 1968 and January 15, 1969 respectively. Then after such consideration and promotion it was for the petitioner to have accepted the promotion or to have rejected the offer and might have continued in Army service but nevertheless he was entitled for consideration and promotion. The petitioner was promoted as Assistant Engineer vide office order dated September 15, 1970 but he was actually entitled for promotion with effect from June 18, 1968 when his junior Sh. A. S. Khan was promoted. 7. In view of above we allow this application and direct the respondents to promote the petitioner as Assistant Engineer with effect from June 18, 19ofc and to give him all consequential benefits to which he may be legally entitled, with no order as to costs. Application allowed.