IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 10694 of 2009 DATE OF DECISION : 21.07.2009 Rakesh Kumar and others .... PETITIONERS Versus Dakshin Haryana Bijli Vitran Nigam Ltd. and another ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. R.K. Malik, Senior Advocate, with Mr. Surya Pratap Singh, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioners, who were promoted by the respondent Nigam as Junior Engineer-I vide orders dated 6.6.2007 and 11.7.2007, have filed the instant petition for quashing the order dated 13.7.2009 (Annexure P-4), whereby they have been reverted from the post of Junior Engineer-I to the post of Junior Engineer on the ground that their promotion was beyond the cadre strength of Junior Engineer-I. It is the case of the petitioners that the sanctioned strength of the cadre of Junior Engineer-I is 118 and at present, only 46 officials are working as Junior Engineer-I. It is the further case of the petitioners that more than 72 posts are lying vacant and in spite of that, the respondents have reverted the petitioners on the ground that their promotion was beyond CWP No. 10694 of 2009 -2- the cadre strength. After hearing counsel for the petitioners and in view of the fact that there is a dispute with regard to the present sanctioned and working strength of Junior Engineer-I, without issuing notice of motion, as it will un- necessary delay the matter, this petition is disposed of with a direction and liberty to the petitioners to make a detailed representation to the respondents showing the cadre strength and the present working strength of Junior Engineer-I in support of their case that their promotion was not beyond the cadre strength. If any such representation is filed within one week, respondent No.2 is directed to consider and decide the same, after providing an opportunity of hearing to the petitioners, within one month by passing a speaking order. In case, the earlier promotion of the petitioners is found within the cadre strength of Junior Engineer-I, the respondents will consider for withdrawal of their reversion order. July 21, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE