C.W.P. No. 11970 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 11970 of 2010 Date of Decision : May 04, 2011 Kailash Chand and others .... PETITIONERS Vs. Pepsu Road Transport Corporation, Patiala and others ..... RESPONDENTS CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. Vikas Chatrath, Advocate, for the petitioners. Mr. G.S.Gill, Advocate, for the respondents. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) Prayer in the present writ petition is for issuance of directions to the respondents to fill up the posts in the workshop categories in the Chandigarh Depot in terms of the Pepsu Raod Transport Corporation (Conditions of Appointment and Service Regulations), 1981 (hereinafter referred to as '1981 Regulations'). Counsel for the petitioners contends that the respondents are resorting to appointment by way of contract through private contractors or outsourcing the work by which the employees of the workshops are adversely affected. As per the 1981 Regulations, 80% of the higher posts C.W.P. No. 11970 of 2010 2 has to be filled up by way of promotion and 20% has to be filled by direct recruitment. He states that the petitioners are entitled to their share in the promotional posts as they are regular employees and they should be considered for promotion against their quota, which they are entitled to. Counsel for the respondents submits that by the outsourcing of the work or appointing employees on the basis of contract will not adversely affect the rights of the petitioners. While referring to para-4 of the written statement, he submits that the services of the petitioners would be governed by the 1981 Regulations. However, there has been an amendment made in the said Regulations w.e.f. 11.08.2010 and the terms of the said Regulations would be applicable to the claim of the petitioners. Counsel for the petitioners, in response to this, submits that this amendment would have a prospective effect and the claim of the petitioners on the promotional vacancies, which had arisen prior to the amendment of the 1981 Regulations, would be governed by the then applicable Regulations. The contention, as raised by the counsel for the petitioners, is fully justified and in accordance with law. Accordingly, the present writ petition is disposed of with directions to the respondents to consider the claim of the petitioners for promotion in the quota, which would fall to the promotional category as per the 1981 Regulations till the amended Regulations came into effect i.e. 11.08.2010. After consideration of their claim, appropriate orders may be passed. The needful be done within a period of four months' from the date of receipt of a certified copy of this order. It goes without saying that the vacancies, which had arisen after the amendment of the Regulations, since the same have not been C.W.P. No. 11970 of 2010 3 challenged in the present writ petition, would apply to such vacancies. (AUGUSTINE GEORGE MASIH ) May 04, 2011 JUDGE pj