C.W.P. No. 5551 of 1989 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 5551 of 1989 Date of Decision 13.09.2010 Anup Singh Ghai and another -----Petitioners Versus State of Haryana and others ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR Present: None for the petitioners. Mr. Rameshwar Malik, Addl. AG, Haryana for the respondent-State 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The petitioner has approached this Court with a prayer for issuance of direction to the respondents No. 1 and 2 to act upon the policy of reservation dated 27.5.1988 (Annexure P-7), stipulating that in a cadre where there are only two posts, the benefit of reservation is not admissible. The direction has also been sought on the basis of policy dated 8.3.1989 (Annexure P-10), which is advice given by the Government to Director Supplies & Disposals, Haryana Chandigarh-respondent No.2. In paragraph 12 of the written statement filed by the Deputy Director Industry, it has been categorically observed that on the basis of advice given by the Government on 27.6.1988 (Annexure P-8), respondent No.3 was C.W.P. No. 5551 of 1989 -2- promoted as Deputy Superintendent and thereafter various Assistants working in the department represented against the promotion. It has further been asserted that the instant petition was filed in the meanwhile and advice of the Government was sought (Annexure R-1). The Government after reconsidering the whole matter afresh gave its considered advice vide letter dated 26.7.1989 (Annexure R-2). On the basis of the aforesaid, respondent No.3 was reverted as Assistant vide order dated 3.8.1989. In view of the aforesaid factual position, the relief claimed by the petitioner stands granted and the instant petition have been rendered infructuous. Ordered accordingly. (M.M. KUMAR) JUDGE September 13, 2010 Atul