MAJOR SINGH GILL Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who belongs to the category of Backward Class was appointed as Sub Divisional Engineer in the Punjab Service of Engineers, Public Works Department, B&R Branch Class-II service in August, 1972. He was confirmed as such w.e.f. 6th September, 1974. He crossed his efficiency bar w.ei. 1st February, 1982.

(2.) Onward promotion on the post of Sub Divisional Engineer is to the post of Executive Engineer, which is a Class-I post in Punjab Service of Engineers (in short PSE Class-I). Appointment and other conditions of service to PSE Class-I service are governed by the Rules known as Punjab Service of Engineers, Class-I P.W.D. (B & R) Rules, 1960 (hereinafter referred to as the Rules). Rule 6 of the Rules lays down the eligibility for promotion from PSE Class-II to PSE Class I. An officer tor promotion of PSE Class I has to have 8 years of service in PSE Class II and should pass a departmental examination as provided in Rule 15. The procedure for appointment by promotion in PSE Class-I is given in Rule 8 of the Rules, which is reproduced below for ready reference:-

(3.) The petitioner became eligible under Rule 6 of the Rules for consideration for promotion to PSE Class-I w.e.f. 1.1.1981 as he had completed 8 years of service in PSE Class-II, The eligibility has to be seen on 1st day of January each year, in view of the provisions of Rule 8 quoted above. It will be seen from Rule 8 quoted above that the process of screening is to be conducted on yearly basis. It has been averred in the petition, and not denied by the respondents, that no process of screening as envisaged under Rule 8 was conducted after the year 1979 till 1989. To cope up with the work the available regular vacancies were being filled up from amongst the eligible PSE Class-II Engineers on ad hoc basis from time to time. Petitioner was promoted as Executive Engineer {a PSE Class-I Post) oh ad hoc basis against the regular vacancy from Backward Class category w.e.f. 3.3.1986.