GURDIAL SINGH VIRK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The conditions of service of persons appointed to the Punjab Service of Engineers, Class II, P.W.D. (Public Health Branch), are governed by the Statutory Rules known as the Punjab Service of Engineers, Class II, P.W.D. (Public Health) Rules, 1967 (hereinafter called the Rules). Rule 6 of the Rules provides as to how recruitment to the Service is to be done. The said rule is in the following terms : "Recruitment to Service. - (1) Recruitment to the Service for cadre and ex-cadre post shall be made in the following manner only from the sources fisted below in the proportions and the order indicated against a lot of every 40 vacancies :-

(2.) All the three petitioners are Sectional Officers and belong to Source No. 2 and they had become eligible for promotion to Class II Service as Sub Divisional Engineers (Class II Service) under Rule 7 of the Rules on 1.1.1979, 1.1.1982 and 1.1.1979, respectively. In the present writ petition, petitioners stake their claim for promotion as Sub Divisional Engineers against Points No. 15, 22 and 23 respectively on the roster reproduced above, as these points according to the petitioners, under the Rules, are meant to be filled by promotion of Sectional Officer (Source No. 2). Further it has been prayed that the selection of Respondents No. 2 to 5, who have been selected for being appointed as Sub Divisional Engineers in Class 11 Service by direct recruitment against the points meant for the Sectional Officers on the roster is bad in law. The petitioners have also challenged the order of Government, dated 22nd June, 1979 (Annexure P-2) (to which detailed reference will be made in the latter part of the judgment), by which inter alia the points on the roster meant for the Sectional Officer have been shifted for the direct recruits and vice-versa.

(3.) Sarvshri S.L. Mahajan, Rajinder Pal Singh, Mohinder Singh and Avtar Singh, who belonged to the category of Sectional Officers were admittedly senior to the petitioners as Sectional Officers. Since no candidate through the direct recruitment was available for the first five posts in the roster, excepting one (Shri T.C. Singla) the Government made stop-gap arrangement under Rule 6(3) ibid and gave stop-gap promotions as Sub Divisional Engineers to the above said four persons in the year 1967, 1968 and 1970.