CWP No.2911 of 2006 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2911 of 2006 (O&M) Date of decision:01.11.2011 Darshan Singh and others ......Petitioners Versus State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI. Present: Mr. Kulwinder Singh, Advocate for Mr. B.S. Sidhu, Advocate for the petitioner. Mr. P.S. Bajwa, DAG Punjab. ***** The petitioners prayed for issuance of a writ in the nature of mandamus directing the respondents to adjust/absorb the petitioners against the vacant posts in other Co-operative Institutions/Co-operative Departments in terms of letter dated 25.11.1997, Annexure P-1, claiming that they are surplus employees of Budhladha Co-operative Sugar Mill Limited and they have not been adjusted by the respondents in the light of the letter dated 25.11.1997, providing that the Apex Co-operative Institutions in the State of Punjab would adjust the staff, surplus staff at the time of making appointments in their respective departments and that the said staff will be adjusted according to their qualifications. It has also been laid down in the said instructions that list of surplus staff alongwith their educational qualification will be sent to the Apex Co-operative Institutions in the State of Punjab. Similar matter came up for consideration before the Apex Court in SLP No.19238 of 1999 . Hon'ble Supreme Court on 30.08.2005 had held that memorandum dated 25.11.1997 was still in CWP No.2911 of 2006 (O&M) 2 operation and that if any appointments were to be made in the light of the aforementioned memorandum then the same were to continue notwithstanding the expression of the view expressed by the Hon'ble Supreme Court. The ratio of the said judgment of the Hon'ble Supreme Court was followed by the Division Bench of this Court in Balbir Singh and others Versus State of Punjab and others in CWP No.14190 of 2003 decided on 24.09.2008. The relevant portion of the said judgment read as follows: “Having heard learned counsel for the parties and perusing instructions dated 25.11.1997 (P/2), 23.03.2006 (P/15), 15.10.2007 (P/16) and 17.10.2007 (P/17) we are of the considered view that the instant petition deserves to succeed. The basic instructions dated 25.11.1997 (P/2) still holds the field. The Division Bench, based on these instructions, has issued directions, which were challenged before Hon'ble the Supreme Court. The matter has been disposed of on 30.08.2005 (P/13) vide CA No.1132-33-34 and others and the directions issued by this Court were not set-aside. It has been observed that instructions dated 25.11.1997 were in operation and the Punjab State Cooperative Agricultural Development Bank Ltd. was permitted to challenge the instructions dated 25.11.1997. The challenge has also been repelled by the Financial Commissioner vide his order dated 03.12.2007 (P-18). The aforesaid factual position could not be disputed by learned counsel for the respondent State nor by the counsel for respondent No.4 and respondent No.5. Therefore, we find no impediments in issuing direction to respondent No.4 and respondent No.5 to follow binding instructions. As a sequel to the above discussion we allow this petition by directing respondent No.4 and respondent No.5 to follow up all the instructions issued by the Registrar Cooperative Societies, Punjab. The list of surplus staff including the petitioners furnished by respondent No.5 be in turn sent by the Registrar to all the Apex Societies. The CWP No.2911 of 2006 (O&M) 3 Registrar is to ensure control over recruitment and permit the same only after issuance of 'No Objection Certificate'. If vacancies are available, then the case of the petitioners for adjustment/absorption shall be considered in terms of memorandum dated 25.11.1997 and other instructions as also the direction issued by the Division Bench. In case the petitioners came across with any recruitment process being undertaken by any of the Apex Societies then the same may be brought to the notice of the Registrar Cooperative Societies, Punjab for taking further appropriate action. The writ petition stands disposed of in the above terms.” The present petition is allowed in terms of the directions given by the Division Bench of this Court with the direction that Registrar, Co- operative Societies, Punjab will send the list of petitioners to the Apex Co- operative Societies as directed vide judgment dated 24.9.2008 in CWP No.14190 of 2003. if vacancies are available then the case of the petitioners for adjustment/absorption shall be considered in terms of memorandum dated 25.11.1997 and as per other directions issued by the Division Bench. In case, the petitioners come across with any recruitment by any of the Apex Co-operative Societies then the same may be brought to the notice of the Registrar, Co-operative Societies, Punjab, for taking further appropriate action. Disposed of as allowed in terms of judgment of this Court by Division Bench in CWP No.14190 of 2003 decided on 24.09.2008. November 01, 2011 (M.M.S. BEDI) harjeet JUDGE