JUDGMENT :

NAMIT KUMAR, J.

1. Instant writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, seeking a writ of mandamus for directing the respondents to grant notional promotion to the petitioner to the post of Station Supervisor Grade-I from due date i.e. 19.03.2024 in view of the judgment dated 07.08.2025, passed in CWP-22784 of 2025 – Jaswinder Singh v. State of Punjab and others and further refix the pay and pension of the petitioner and pay the difference of pay along with arrears and interest @ 15% per annum from the due date till its realization.

2. The undisputed facts of the case are that the petitioner initially joined the respondent-department as Ticket Verifier on daily wage basis on 01.04.1987 and his services were terminated on 28.02.1989. The said termination was challenged by him before the Labour Court, Gurdaspur, and he was ordered to be reinstated with continuity of service with 50% backwages vide order dated 09.06.1999. The said award was challenged by the department by filing a writ petition bearing CWP No.9346 of 2001 before this Court and the same was dismissed vide order dated 05.07.2001. The Special Leave Petition preferred against the said judgment was also dismissed by the Hon’ble Supreme Court on 22.07.2002. Consequently, the petitioner was reinstated in service vide order dated 08.06.2001. Thereafter, the services of the petitioner were regularized vide order dated 30.06.2003, however, petitioner claimed regularization w.e.f. 01.08.1995 by filing CWP No.20724 of 2014, which was allowed vide judgment dated 11.12.2018 (Annexure P-1). In compliance thereof, the services of the petitioner were regularized w.e.f. 01.08.1995, vide order dated 05.08.2019 (Annexure P-2). Subsequently, on 12.03.2024 (Annexure P-3), petitioner submitted a representation seeking promotion to the post of Station Supervisor Grade-I w.e.f. 04.02.2024, the date on which the post fell vacant. The service particulars of the petitioner were forwarded by the General Manager, Punjab Roadways, Pathankot, to the Director, State Transport, Punjab, Chandigarh, vide letter dated 19.03.2024 (Annexure P-5). Thereafter, the petitioner retired from service on attaining the age of superannuation vide order dated 25.06.2024 w.e.f. 30.06.2024.

3. Learned counsel for the petitioner contends that a vacancy in the cadre of Station Supervisor Grade-I became available on 04.02.2024 and since the petitioner was fully eligible on the said date, he was entitled to be promoted. Despite his eligibility, the petitioner has not been given promotion and has been illegally deprived of the same, therefore, directions may be issued to the respondents to consider and promote the petitioner to the post of Station Supervisor Grade-I on a notional basis, with all consequential benefits.

4. Per contra, learned State counsel, who appears on receipt of advance copy of the paperbook, contends that promotion to the post of Station Supervisor Grade-I is not a matter of right and is subject to consideration by the competent authority in accordance with the applicable rules. Since the petitioner retired from service before any decision could be taken, no vested or enforceable right to promotion accrued in his favour. Therefore, non-grant of promotion does not suffer from any illegality or arbitrariness and no direction as prayed for is warranted.

5. I have heard learned counsel for the parties and perused the record.

6. It is not in dispute that no person junior to the petitioner was ever promoted till he was in service i.e. upto 30.06.2024. As per reply dated 19.12.2025 filed by the respondents-State, the promotion order, whereby promotion to the post of Station Supervisor Grade-I was effected, was issued on 15.04.2025 i.e. after about one year from the date of retirement of the petitioner.

7. This Court in Faqir Chand Chawla Vs. State of Punjab : 2013 (4) S.C.T. 659, while considering the similar issue, has held that mere recommendatio