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Judgment
Mansoor Ahmad Mir, Actg. C.J.
This appeal is directed against the judgment dated 12th December, 2012, made by the learned Single Judge in CWP No. 6783 of 2011, titled Ravinder Kumar & another vs. Principal Secretary (Urban Development) & others, whereby appellant-respondent No. 1 was directed to consider the proposal of appellant-respondent No. 2 for creation of posts within a period of three months and thereafter to regularize the writ petitioners as per the Policy. It is apt to reproduce para-6 of the judgment herein:-
Accordingly, the writ petition is allowed. The respondent No. 1 is directed to consider the proposal of respondent No. 2 for creation of posts within a period of three months from today and thereafter, the respondents No. 2 to 4 shall take all necessary steps towards regularization of the petitioners as per policy, within a further period of six weeks. It is made clear that if no steps are taken to create the posts within a period of three months, the petitioners shall be deemed to have been regularized as drivers, with all consequential benefits. The pending application(s), if any, also stands disposed of. No costs.
It is a moot question whether impugned order is sustainable. We leave this question open because at this stage, learned counsel for respondents No. 1 and 2 stated at the Bar that the appellants be directed to consider the case of the writ petitioners for regularization as per Rules occupying the field. Learned counsel for the appellants has no objection. Their statements are taken on record.
In the given circumstances, we deem it proper to modify the impugned judgment by directing the appellants to consider the case of the writ petitioners for regularization as per Rules occupying the field within a period of six weeks'' from today.
Accordingly, the impugned judgment is modified as indicated above and appeal is disposed of alongwith all pending applications.
Copy dasti.