IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 4339 of 2005. Date of Decision: 28th January, 2008... Amandeep Singh & Ors. Petitioners through Mr. Manu Bhandari, Advocate Versus State of Punjab & Ors. ...Respondent through Mr. G.S.Cheema, Sr. DAG, Punjab. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT,J.(ORAL) In this writ petition, the petitioners seek quashing of the order dated 3.2.2005 (Annexure P-12) as also a prohibitory direction to the respondents not to give effect to the afore-said order and further not to terminate their services. The petitioners were working as Watchmen (Chowkidars) in the Excise and Taxation Department. They were appointed on daily wages basis, however, through an open competition as their names were sponsored by the Employment Exchange and they were interviewed by the Selection Committee to adjudge their suitability. It appears that the Excise and Taxation Department wanted to adjust the petitioners on regular basis, therefore, the case CWP No. 4339 of 2005. ::-2-:: for creation of regular posts of Watchmen was processed. The Finance Department of the Government of Punjab, however, vide its memo dated 3rd February, 2005 (Annexure P-12) did not accord approval to the aforementioned proposal of the Excise and Taxation Department. This led the petitioners to file the present writ petition assailing the aforesaid communication dated 3rd February, 2005 of the Finance Department. Notice of motion was issued and in response thereto, the respondents have filed their respective replies. The petitioners thereafter moved an application to permit them “to assume duties of Watchmen” as according to them, the Department of Excise and Taxation vide its order dated 7th February, 2006 (Annexure A-1) which has been issued with the approval of the Council of Ministers, has sanctioned 33 posts of Chowkidar/Mali. It is the petitioners' claim that the aforementioned posts have been sanctioned to adjust them on regular basis. After hearing learned counsel for the parties and upon perusal of the record, I am of the considered view that so far as communications inter-se the departments of Excise and Taxation and Finance are concerned, the petitioners have no locus standi to impugn the same. However, in the light of the subsequent events, namely, creation of 33 posts of Chowkidar/Mali by the Excise and Taxation Department vide order (Annexure A-1), the petitioners are at-least entitled to seek a direction for consideration of their cases for CWP No. 4339 of 2005. ::-3-:: absorption/adjustment against the same. Needless to say that while considering the case of the petitioners for absorption/adjustment, the department shall be guided by the Government policies, rules and/or the binding judicial precedents on the subject. Consequently, and for the reasons afore-stated, this petition is disposed of with a direction to the respondents to consider as to whether or not the petitioners are entitled to be adjusted/absorbed against the newly created posts of Chowkidar/Mali. This direction, however, shall not be construed to mean as if the petitioners are necessarily required to be adjusted against the newly created posts. In other words, it will be open for the competent authority to take a conscious decision as to (i) whether or not the newly created posts are required to be filled up; (ii) if so, whether these posts are required to be filled up by inviting fresh applications through an open competition; and (iii) whether the petitioners who have worked on daily wages, are to be given priority for being absorbed/adjusted against the said posts. The needful shall be done within three months from the date a certified copy of this order is received. Disposed of. January 28, 2008. ( SURYA KANT ) dinesh JUDGE