(1) LEAVE granted.

(2) THE appeal is directed against the judgment and order of the Punjab & Haryana High Court dated 27th April, 1999. The High Court in the impugned judgment without even indicating the facts, disposed of the matter following its earlier decision in the case of Arun Kumar & Ors. v. State of Haryana [in C.W.P. No. 8180/97]. In Arun Kumars case on the basis of the concession made by the counsel appearing for the Municipal Council that vacancies exist, the Court had passed certain orders and issued direction to accommodate the petitioners on ad hoc vacancies, to be regularised thereafter in accordance with the seniority.

(3) IN the present case, in the High Court itself on behalf of the Municipal Council, a counter-affidavit had been filed indicating therein that a scheme has been prepared for absorption of the employees like the petitioners keeping in view their seniority in question. We really fail to understand how the High Court disposed of the matter following the decision in Arun Kumars case where a counsel appearing for the Municipal Council has made the concession in question.

(4) THE learned counsel for the respondent brought to our notice a circular of the Financial Commissioner dated 13th May, 1997 wherein the Government had taken a decision that the daily-wagers and ad hoc employees recruited during the vacancy period should be absorbed seniority-wise against the available vacancies. This being the circular and the Municipality having filed the counter affidavit indicating that there does not exist any vacancy, we really fail to understand how the Court can issue a Writ of Mandamus in the nature issued in the present case.

(5) MR. Prem Malhotra, learned counsel appearing for the Municipal Council states that as and when the vacancies are available following the Government circular, absorption of the employees will be made in accordance with their seniority. In the aforesaid premises, we are unable to sustain the impugned direction of the High Court and the same is quashed.

(6) THIS appeal is allowed accordingly.