C.W.P. No. 788 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 788 of 2008 Decided on : 28-04-2009 Balwinder Singh & others ....Petitioners VERSUS Punjab Mandi Board and others. ....Respondents CORAM:-HON'BLE MR. JUSTICE SATISH KUMAR MITTAL. Present:- Mr. R.S. Ahluwalia, Advocate for the petitioners. Mr. A.K. Goel, Advocate for respondents No.1 & 2. Mr. D.R. Parihar, Advocate for respondent No.3. SATISH KUMAR MITTAL, J (Oral). The petitioners, who are working as Auction Recorders in Market Committee Batala, District Gurdaspur, have filed the instant petition under Articles 226/227 of the Constitution of India for issuing directions to the respondents to revert respondent No.3 to 5 to their parent Market Committee and to consider and promote the petitioners to the post of Mandi Supervisor in Market Committee Batala. Concededly, the next promotion from the post of Auction Recorder is Mandi Supervisor. The cadre strength of the Mandi Supervisor in Market Committee Batala, is 10 and as per the rules, these posts are required to be filled up only by way of promotion from Auction C.W.P. No. 788 of 2008 -2- Recorder working in Market Committee Batala, on the basis of seniority- cum-merit because the cadre of Mandi Supervisor is Committee-wise. Admittedly, out of the ten posts, 7 Auction Recorders from Market Committee Batala, have already been promoted and three officials have been brought as Mandi Supervisor by way of transfer from other Market Committee. It is the case of the petitioners that no person can be appointed on the post of Mandi Supervisor by way of transfer. This legal position has been conceded by counsel for respondent Nos. 1 & 2. However, during the pendency of this petition, out of three employees, Bhushan Sharma (respondent No.4) was appointed as Mandi Supervisor by way of mutual transfer with another employee namely Amarjit Singh, who was the employee of Market Committee Batala. The said post will fall vacant on his retirement. As far as two other officials are concerned, Kulbir Singh (respondent No.3) has retired from service and other official namely Varinderjit Singh (respodnent No.5) has been transferred to his parent Committee i.e. Siri Hargobindpur on 24.7.2008. In view of this factual position, the counsel for respondents state that the claim of the petitioners will be considered against the aforesaid posts within a period of two months in accordance with law. In view of the said statement made by learned counsel for respondent Nos. 1 & 2, counsel for the petitioners does not press this petition. Dismissed as not pressed. 28th April, 2009. (SATISH KUMAR MITTAL) Monika JUDGE