PRITHVI SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petition Nos. 2291 and 2904 of 1981.

(2.) Petitioners were originally appointed as Clerks by respondent No. 3 on 18.12.1963, 18.6.1964, 21.8.1969, 18.5.1970, 31.3.1970, 20.6.1967, 21.8.1969 and 9.5.1969 respectively. The next higher post from the post of Clerk is that of Assistant/Inspector. The method and mode of recruitment is laid down in Rule 5.2 of the Punjab Trust Services (Recruitment and Conditions of Service0 Rules, 1978 (hereinafter referred to as the Rules). The said rule reads as under :-

(3.) A bare reading of the above rule would show that recruitment to various posts including those of Assistants/Inspectors has to be made on 50:50 basis i.e. 50 per cent by way of direct recruitment and 50 per cent by promotion. On 8.1.1979 the respondents advertised 20 posts of Assistants/Inspectors. When the respondents proceeded in filling up the vacancies by direct recruitment, the petitioners made representations to the effect that recruitment to the post of Assistant/Inspector could be made only on 50:50 basis. After considering the representations of the petitioners, the respondents promoted the petitioners to the post of Assistant/Inspector on the following dates :-