IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CM No. 18796-97 of 2008 in CIVIL WRIT PETITION NO. 12476 OF 2007(O&M) DATE OF DECISION: March 27, 2009. Parties Name Narender Kumar and others ..PETITIONERS VERSUS State of Haryana and another ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE S.D.ANAND PRESENT: Mr. R.K. Malik, Senior Advocate, with Mr. Sajjan Singh Malik, Advocate, for the writ petitioners Mr. S.S.Randhawa, Addl. A.G., Haryana, for respondent No. 1. Mr. R.N.Sharma, Advocate, for the applicant (respondent No. 2 in CWP) JASBIR SINGH, J.(oral) ..2... CM No. 18796-97 of 2008 in CIVIL WRIT PETITION NO. 12476 OF 2007(O&M) -2- Order. With consent, the writ petition was taken up on board for disposal. Vide order dated August 8, 2007, Ex-Cadre post of Deputy Transport Controller (Technical) Group A, in the Transport Department of the State of Haryana, was created and respondent No. 2 Ashwani Kumar was promoted against the said post. Petitioners by alleging that they are senior to respondnt No. 2 and their claim against the above said post has not been considered, filed this writ petition. After notice, following order was passed by this Court on October 19, 2007: “Heard. Needs consideration. Admit. Put up for hearing within three months. In the meantime, respondent No. 2 shall not be promoted/ given charge of any higher post, which is covered under the service rules known as the Haryana Transport Department (Group-A) Service Rules, 1992. If charge of higher post either permanent or temporary/ officiating has been given to him, the same shall CM No. 18796-97 of 2008 in CIVIL WRIT PETITION NO. 12476 OF 2007(O&M) -3- be withdrawn forthwith.” Respondent No. 2 has moved application with a prayer to modify above said order. At the time of hearing before us, his counsel states that respondent No. 2 – applicant has no objection in case impugned order dated August 8, 2007 (Annexure P-4) is quashed and the authorities are directed to consider his case for promotion as per service rules. To the request made, possibly no objection can be raised by any of the parties. Counsel for the applicant also states that after passing of the order, referred to above, applicant was reverted to the post of Service Engineer. In view of above, we allow this writ petition and quash order (Annexure P-4) and direct the authorities to consider case of the applicant – respondent No. 2 for promotion along with other eligible candidates as per service rules. (JASBIR SINGH) JUDGE (S.D. ANAND) JUDGE March 27, 2009. DKC