IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 11488 of 2008 Date of Decision: Oct. 20, 2008 Mukhtiar Singh ........................................................... Petitioner Versus State of Punjab and others ........................................ Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Rajan Gupta Present: Mr. Surinder Garg, Advocate for the petitioner. Mr. B.S.Chahal, DAG, Punjab, for respondent Nos. 1 and 2. Mr. Amit Singh, Advocate for respondent No.3. .... ASHUTOSH MOHUNTA, J. (Oral) The petitioner has prayed that directions be issued to the respondents to promote him as a leading Fireman with effect from 2002 as the petitioner is fully eligible for the post as well as the senior most Fireman in the Municipal Council, Malout-respondent No.3. Reply on behalf of respondent No.3 has been filed in Court wherein it has been averred that there are only four sanctioned posts of Fireman with the Municipal Council, Malout, and all the said posts are filled up and no vacancy is available presently against which the petitioner can be promoted. It has further been averred that in the financial year 2002- 2003 a proposal to promote the petitioner was moved because at that time there were five sanctioned posts of leading Fireman. However, due to [ 2 ] C.W.P. No. 11488 of 2008 financial constraints, only four posts were sanctioned and the fifth post was abolished. Counsel for respondent No.3 states that the petitioner would be considered for the post of leading Fireman as and when a post falls vacant. In view of the aforementioned facts, it is clear that as there are only four sanctioned posts of leading Fireman which are already occupied, therefore, the petitioner cannot be granted the relief prayed for. We, however, direct that the case of the petitioner be considered as and when the post of leading Fireman becomes available. Writ petition is disposed of accordingly. ( ASHUTOSH MOHUNTA ) JUDGE ( RAJAN GUPTA ) JUDGE 20.10.2008 rupi