IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.12006 of 2010 Date of Decision : January 10, 2011. Nachhattar Singh and others .....Petitioners versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Ms.Jagdeep Bains., Advocate, for the petitioners. Ms.Monika Chhibbar Sharma, DAG, Punjab, for respondent Nos.1 to 4. -.- 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) Notice of motion to respondent Nos.1 to 4 only at this stage. Ms.Monika Chhibbar Sharma, learned Deputy Advocate General, Punjab, accepts notice on their behalf. In view of the nature of order which I propose to pass, there is no necessity to issue notice to the other respondents and/or to call for any reply-affidavit from respondent Nos.1 to 4 at this stage. The petitioners are the retrenched surplus employees of Budhlada Co-operative Sugar Mills Limited, Budhlada, which is a co- operative institution established and run with the aid and supervision of the State Government. They seek quashing of the order dated 29.5.2009 C.W.P.No .12006 of 2010 2 (Annexure P-39) passed by the Registrar, Co-operative Societies, Punjab, as also a mandamus to direct various Co-operative Institutions to implement the Instructions dated 25th November, 1997 (Annexure P-2) and fill up the vacant posts by absorbing the surplus employees like the petitioners. The Registrar, Co-operative Societies, Punjab, vide his impugned order dated 29.5.2009 (Annexure P-39), has observed that in terms of earlier Instructions dated 25th November, 1997, as and when the recruitment would be made by the Sugar Mills/Spinning Mills/Other Co- operative Institutions that the claim of the surplus staff, if any, for their absorption shall be considered on priority basis. The petitioners, on the other hand, seek a mandamus to command the Co-operative Institutions to fill up the large scale vacancies available with them so that the Instructions/Circular dated 25th November, 1997 can be effectively implemented in its true letter and spirit. Having heard learned counsel for the petitioners at some length and on perusal of the records, I am of the considered view that the issue raised herein-above essentially requires a policy decision to be taken by the Registrar, Co-operative Societies, Punjab and/or the State Government in order to take stock of the situation arising after the Circular dated 25th November, 1997 was issued and to decide afresh as to whether or not it would be in public and administrative interest to fill up the vacancies, if any, available with the different Co-operative Institutions. C.W.P.No .12006 of 2010 3 The writ petition is accordingly disposed of, however, without expressing any views on the petitioners' claim but with a direction to the Financial Commissioner, Co-operation, Government of Punjab to treat this writ petition as a representation on behalf of the surplus employees of the Co-operative Institutions and redress their grievances by passing a speaking order after affording them an opportunity of personal hearing in representative capacity as early as possible, preferably within a period of four months from the date of receiving a certified copy of this order. Let a copy of this order, duly attested by the Bench Secretary, be handed over dasti to Ms.Monika Chhibbar Sharma, learned Deputy Advocate General, Punjab, for information and necessary compliance. Dasti. January 10, 2011 (SURYA KANT) Mohinder JUDGE