MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners belong to subordinate cadres in the service of the Irrigation Department, Punjab, including the cadres of Supervisors, Beldars, Store Keepers, Time Clerks etc. They claim promotion to the rank of Junior Engineer. It is the contention of the learned counsel for the petitioners, that the petitioners were earlier eligible for promotion to the rank of Junior Engineer, under the provisions of the Punjab Public Works Department (Irrigation Branch) Overseers Engineering State Service, Class- III, Rules 1955 (hereinafter referred to as the 1955 Rules). In fact, the pointed attention of this Court has been invited to Rule 10 of the 1955 Rules. Rule 10 of 1955 Rules, relied upon by the learned counsel for the petitioners, is being extracted hereunder:-

(2.) According to the learned counsel for the petitioners, persons holding the posts in the cadres to which the petitioners belong, used to be promoted under clause 1 (iii) of Rule 10 of the 1955 Rules, extracted above.

(3.) It is also the contention of the learned counsel for the petitioners, that the 1955 Rules were amended through a notification dated 15.7.1997, by incorporation of sub-clause (iv) under Rule 10(1) of the 1955 Rules. The amended provision is being reproduced hereunder:-