Civil Writ Petition No. 15084 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 16991 of 2010 in/and Civil Writ Petition No. 15084 of 2006 Date of decision: 05.01.2011 Jai Singh Baidh and another ...Petitioners Versus Financial Commissioner & Principal Secretary to Govt. Haryana, Power Department & others ...Respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. S.K. Sud, Advocate for the petitioners. Mr. A.S. Jattana, Addl. A.G., Punjab, for the State. RANJIT SINGH J. The petitioners had filed this writ petition for quashing of the revised seniority list of Junior Engineers-1 (Generation) attached as Annexure P-5, which was prepared on the basis of decision of the Hon'ble Supreme Court in Ajit Singh Janjua-II versus State of Punjab 1999 (4) RSJ 211. The petitioners are Diploma holders in Electrical and were appointed as Junior Engineers (Generation) and joined their duties on 22.07.1986 and 30.11.1987. The post of Junior Engineer was required to be filled on the basis of seniority-cum-merit. Under the policy of reservation issued on 09.02.1979, the State Government promoted the petitioners as Junior Engineers-I (Generation) and they joined their duties on 01.04.1989 and 29.11.1991. In the year 1994, respondent No. 4 circulated the Civil Writ Petition No. 15084 of 2006 2 seniority list and the names of the reserved category employees were fixed at proper place in the seniority list. This seniority list was revised in the year 1997, in view of the instructions issued on 10.07.1997 adopted consequent upon Janjua's case. Thereafter, the Government nullified the same by 85th amendment of the Constitution. The prayer is that this would have a retrospective effect and the seniority assigned to Junior Engineers-I (Generation) of reserved category has been restored. The writ petition was admitted. Reply has been filed. Now the petitioners have moved an application praying for allowing the writ petition, in view of the clarification issued by the Chief Secretary, Haryana through letter bearing No. 22/10/2002-3 GS III dated 27.12.2006. As per the petitioners, the respondents have clarified the decision regarding giving prospective effect to the promotions which had already been made where the seniority fixed prior to 16.03.2006. As per the petitioners, this is not to be disturbed. The counsel for the petitioners submits that he would be satisfied, in case, the present writ petition is disposed of with the direction to consider the claim of the petitioners in the light of clarificatory instructions issued by the Chief Secretary. The State counsel has no objection to the course as proposed by the counsel for the petitioners. With the concurrence of the counsel of the parties, the main writ petition is taken up for hearing and is disposed of with the direction to the respondents to consider the claim of the petitioners in the light of the clarificatory instructions, Annexure R-1, attached with the reply and which have now been referred to and relied upon by the Civil Writ Petition No. 15084 of 2006 3 counsel for the petitioners in this application. The petitioners would be at liberty to approach the Court again, in case, they are still left with any grievance. January 05, 2011 (RANJIT SINGH ) rts JUDGE