IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 10599 of 2003 Date of decision: 16.03.2011 Praphul Kumar ...Petitioner Versus The Haryana State Federation of Consumer Cooperative Wholesales Stores Limited, Chandigarh and others ...Respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. R.K. Malik, Senior Advocate with Mr. Vishal Malik, Advocate for the petitioner. Mr. J.S. Cooner, Advocate for respondent No. 1. RANJIT SINGH J. The petitioner was serving in Haryana State Federation of Consumer Cooperative Wholesales Stores Limited and had filed this writ petition being aggrieved against order dated 25.07.2002 whereby he was retrenched. The petitioner had sought direction for the private respondents to reinstate the petitioner as he was not the junior most, who could be so retrenched. The writ petition was admitted and has now came up for hearing. During the course of hearing on one of the date, the respondents/Federation was asked to have instructions if it could adjust the petitioner against the Accountant Grade-B post when it was noticed that large number of employees were adjusted in some other Government Departments after their retrenchment from the service of the Federation. This Court had passed the following order:- “ The case was adjourned on 25.01.2011 to enable Civil Writ Petition No. 10599 of 2003 -2- the counsel for the respondent-Federation to have instructions if the petitioner could be adjusted against the post of Accountant Grade-B. As per the counsel, this cannot be done as the said cadre is a diminishing cadre. Otherwise, it has come on record that large number of employees were adjusted in some other Government Departments upon their retrenchment from the service of the Federation and some other writ petitions on these grounds have been disposed of as having become infructuous. Apparently, now the petitioner is also interested in being adjusted, though earlier he had declined the offer to join to the post of Clerk, which was made to him at the time of his retrenchment. In this background, it would be appropriate to ask the counsel for the respondent-Federation as well as the State to have instructions if the petitioner being retrenched employee, can be adjusted to some other Department on a post either equivalent to or one grade down in view of the policy decision and the precedents as noted above.” Counsel for the respondent/Federation had pointed out before this Court on 01.03.2011 that some posts of Store Keeper were lying vacant against which the petitioner could be adjusted. At the same time, the counsel also pointed out that power to adjust is within the domain of the State Government. On request made by the State counsel, the case was adjourned to enable her to have instructions if the petitioner could be so adjusted. Civil Writ Petition No. 10599 of 2003 -3- The State counsel submits that the petitioner can be adjusted against the post of Assistant. This offer is accepted by the counsel appearing for the petitioner. Let the appropriate order be passed within the period of one month. Since the matter has been resolved by adjusting the petitioner, the petitioner would be liable to make an application for regularizing the period of service for which he had remained out of job. It would be entirely within the discretion of the respondents to pass any appropriate order in accordance with law. The court would not make any observations in this regard. The writ petition is rendered infructuous and is disposed of as such. March 16, 2011 (RANJIT SINGH ) rts JUDGE