SEWA SING Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Eleven petitioners who are working as Assistants and Clerks in the Office of Chief Engineer (Canals), Irrigation Works, Punjab, at Chandigarh, have preferred this petition under Articles 226/227 of the Constitution of India praying for the issuance of an appropriate, writ, direction, or order, quashing the order of respondent No. 2 Shri Tirlochan Singh, Chief Engineer dated 23rd of September, 1967 (Annexure E), by which the petitioners have been ordered to be transferred from the Irrigation Branch, Head Office, Chandigarh to Beas Project Administration and undertaking of the Central Government - outside the Administration Control of the Punjab Government. Respondent No. 1 is the State of Punjab.

(2.) It is alleged in the petition that prior to 1st of November, 1966, the petitioners were in the employment of the erstwhile State of Punjab and have since been provisionally allocated to the reorganised State of Punjab. The conditions of service of the petitioners before 1st of November, 1966 were regulated by the statutory rules framed by Governor of Punjab on 31st of July, 1965, called The Punjab Public Works Department (Irrigation Branch) Head Office Clerical (State Service Class III) Rules, 1965. Rule 16 which is relevant for purposes of this case runs as under :-

(3.) It is this order which has been impugned in this petition.