IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3359 of 2020 Date of Decision: 30.6.2025 _____________________________________________________________________ Prem Chand Sharma ……...Petitioner Versus Himachal Road Transport Corporation. and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. J.L. Bhardwaj, Senior Advocate with Mr. Sanjay Bhardwaj, Advocate. For the respondents: Mr. Ajay Chauhan, Advocate. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Learned counsel for the parties are ad-idem that issue sought to be decided in the instant proceedings is no more res-integra, rather stands adjudicated by the coordinate Bench of this Court in judgment dated 4.11.2023 passed in CWPOA No. 5992 of 2020 titled as Parkash Chand and Ors. v. HRTC and Anr. and as such, petition at hand can be disposed of in light of aforesaid judgment. 2. Having carefully perused pleadings adduced on record by the respective parties that issue involved in the instant petition is with regard to promotion of Conductor to the post of Sub–Inspector. Person holding the charge of post of Conductor was being denied promotion to the post of Sub-Inspector on the ground that they after having exercised the option of promotion to the post of booking Clerks have 2 lost their right to be considered for promotion to the post of Sub- Inspector, however coordinate Bench of this Court in CWPOA No. 5992 of 2020 titled as Parkash Chand and Ors v. Himachal Road Transport Corporation and Anr. decided on 4.11.2023, held that Corporation that by giving willingness to the post of Booking Clerks, Conductors have exercised their option for promotion, is not tenable, rather Conductors are entitled to retain lien to the post of Conductor, as they were never appointed or promoted to the post of Booking Clerks from Conductors, rather it is evident from the material on record that posting of the Conductors as Booking Clerks was merely a placement by transfer, which does not entail consequences of appointment/promotion to the post of different cadre. 3. Since issue sought to be decided in the instant petition already stands adjudicated vide aforesaid judgment, this court sees no impediment in disposing of the present petition by making aforesaid judgment mutatis mutandis applicable in the present case for all intents and purposes. Ordered accordingly. Petitioner shall be extended similar benefits as have been extended in the case of Parkash Chand (supra) expeditiously, preferably, within two months. In the aforesaid terms, present petition is disposed of alongwith pending application(s), if any. June 30, 2025 (Sandeep Sharma), Manjit Judge