DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners in these two cases are admittedly working as temporary Engineers. They pray for the issue of a direction to the respondents to assign them seniority "from the dale of their initial appointment after giving them the benefit of temporary service as Graduate Engineers." The respondents contest this claim.

(2.) The solitary contention raised by Mr. R.K. Chopra, learned counsel for the petitioners is that in view ot the provisions of Rule 9 of the Punjab Service of Engineers Class II (Irrigation Branch) Rules, 1941, the petitioners who were permitted to draw higher pay are entitled to be treated as senior to all the persons who were drawing lesser pay. The claim made on behalf of the petitioners has been controverted by Mr. Rakesh Garg, appearing on behalf of respondent No.5. Learned counsel submits that the petitioners arc not members of the Class II Service and as such, they are not entitled to any (sic) benefit under Rule 9.

(3.) Admittedly, in view of the provisions of Rule 1(3), the Class II Rules "apply to members of the Punjab Service of Engineers who were appointed after that service was constituted in the year 1920". The constitution of the service is regulated by Rule 4 which inter alia provides that the service shall consist of "officers transferred or promoted from another State Service....or temporary Engineers taken into the service." It is no doubt correct that the petitioners had been initially appointed as Graduate Engineers under the Rural Engineering Service Scheme. It is also true that they were later on appointed as adhoc Engineers in the Irrigation Branch. Furthermore, it is also not disputed that the services of the petitioners were regularised in the year 1978 with effect from June 1, 1976. A copy of the order passed by the Government in this behalf has been produced as Annexure P-2 with CWP No.3459 of 1991. Yet, the fact remains that the petitioners are continuing as temporary Engineers. They have not been "taken into" the Class II Service. They are, therefore, not the members of the Service as constituted under the 1941 Rules.