IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.8351 of 2009 Date of decision: 02.02.2010 Kashmir Singh Nagi ....Petitioner versus The Secretary to Government of Punjab, Agriculture Department, Punjab Civil Secretariat, Chandigarh and another. ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. D.R.Parihar, Advocate, for the petitioner. Mr.Anil Kumar Sharma, Additional Advocate General, Punjab, for respondent No.1. Mr. J.S.Brar, Advocate, for respondent No.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 ? ---- K.Kannan, J. (Oral) 1. The petitioner was a Sub Divisional Engineer in Punjab Water Supply and Sewerage Board. The surplus staff in the Board were offered to be absorbed in Punjab Mandi Board and at the time of absorption, a pay protection was afforded but on the issue of seniority, the Punjab Mandi Board offered to place the staff of the Sewerage Board below the seniority of the staff in the Mandi Board against the respective equivalent cadres. Notwithstanding the pay protection which was afforded, the grievance of the petitioner is that the Mandi Board started Civil Writ Petition No.8351 of 2009 - 2 - effecting recoveries as though amounts in excess had been paid. According to the petitioner, such a recovery was impermissible. Now before me, the learned counsel appearing for the respondent states, on instructions, that the Mandi Board would not effect any recovery but as regards the seniority position, it shall only be in the manner contemplated in the office order dated 03.05.1983. The petitioner has no objection for the same. 2. In view of the position stated above, the order dated 22.05.2009 issued by the Punjab Mandi Board and affirmed the revision by the Joint Secretary to Government, Punjab, by its order Annexure P- 14 are quashed. The issue regarding the seniority will fall to be determined only in the manner contemplated by the office order dated 03.05.1983. 3. The writ petition is disposed of on the above terms. (K.KANNAN) JUDGE 02.02.2010 sanjeev