IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 13344 of 2011 Date of decision : 28.07.2011 Nachhattar Singh and others ......Petitioners versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Ms. Maninder, Advocate for the petitioners **** RITU BAHRI, J. (Oral) The petitioners are seeking direction to the respondents to consider and promote the petitioners as Excise and Taxation Inspectors. Learned counsel for the petitioner has submitted that petitioners are serving in the department for the last more than 25 years. During the long period of service, the petitioners have served the department most efficiently. He has further submitted that right from the dates the petitioners joined the service, the posts of Excise and Taxation Inspectors were governed by the rules called the Punjab Excise Subordinate Service Rules, 1943. He has further referred to Rule 4 of the 1943 Rules which provides that the post of Inspectors shall be filled either by appointment from amongst the Sub Inspectors or by transfer or deputation of an official already in service. He has further referred to notification dated 08.08.2008 issued by State of Punjab by which the Rules called the Punjab Excise and Taxation Inspectors (Group-C) Service CWP No. 13344 of 2011 -2- Rules, 2008 were notified. As per 2008 rules, 50% posts of Excise and Taxation Inspectors shall be filled by Direct Recruitment and 50% by way of promotion. It has further been provided in the Rules that only those possessing the qualification of degree of Bachelor in any discipline from a recognized University shall be eligible for promotion. So, the petitioners who are not graduates have been denied their right of consideration. He has further argued that 2008 rules cannot be made applicable retrospectively in respect of the officials of the ministerial establishments who had joined the service before the issuance of notification dated 08.08.2008. The petitioners have made representation dated 30.06.2011 (Annexure P7) to the Secretary to Govt. Punjab, Department of Excise and Taxation, Punjab Civil Sectt., Chandigarh and the Excise & Taxation Commissioner, Punjab, Patiala. In view of the above factual position, the present writ petition is disposed of by giving a direction to the respondents to decide the representation (Annexure P-7) of the petitioners within a period of two months from the date of receipt of certified copy of this order. July 28, 2011 (RITU BAHRI) G.Arora JUDGE