IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.3529 of 2011 Date of Decision : February 28, 2011. Sewak Singh .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Kapil Kakkar, Advocate, for the petitioner. Ms.Monica Chhibbar Sharma, DAG, Punjab, for respondent Nos.1 & 2. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) Notice of motion to respondent Nos.1 & 2 only at this stage. Ms.Monica Chhibbar Sharma, learned Deputy Advocate General, Punjab, accepts notice on their behalf. Let two copies of the writ petition be handed-over to her during the course of day. Since no direction is required to be issued to respondent No.3, there appears to be no need to call upon the said respondent nor, in view of the nature of order which I propose to pass, any counter reply from respondent Nos.1 & 2 is needed at this stage. C.W.P.No .3529 of 2011 2 The petitioner joined the erstwhile Municipal Council, Bathinda as a Safai Sewak in May, 1991. It is averred that as there was no technical hand in the Municipal Council, Bathinda to operate the Fog Machine and the petitioner was deployed to work as its Operator. The petitioner has since been working as the Fog Machine Operator though his services have been meanwhile regularized as a Safai Sewak only w.e.f. 18.1.1999. It is stated that the petitioner approached this Court in CWP No.17768 of 1998 seeking regularization of his services on the post of Fog Machine Operator but his claim was declined for more than one reasons. Notwithstanding the above-stated order passed by this Court, it appears that the petitioner continued to work as a Fog Machine Operator and started representing for his promotion to the above-stated post. The Municipal Council, Bathinda appears to be inclined to consider the petitioner's claim for appointment as a Fog Machine Operator but in the absence of a regular sanctioned post no order to this effect has been passed though a reference has been made to the State Government on 18.7.2007 (Annexure P-9) to accord sanction to create a post of Fog Machine Operator. It is stated that no decision has been taken by the State Government so far though more than three years has passed after the reference was sent. Having heard learned counsel for the parties and considering the nature of relief sought in this writ petition, however, without expressing any views on the petitioner's entitlement for C.W.P.No .3529 of 2011 3 promotion/appointment to the post of Fog Machine Operator, I deem it appropriate to dispose of this writ petition with a direction to respondent Nos.1 & 2 to consider and dispose of the reference received from the Municipal Council, Bathinda vide memo dated 18.7.2007 for the creation of a post of Fog Machine Operator, within a period of four months from the date of receiving a certified copy of this order. Ordered accordingly. Dasti. February 28, 2011 (SURYA KANT) Mohinder JUDGE