HAZARA SINGH Vs. GURMIT SINGH

JUDGEMENT

(1.) The challenge in this Letters Patent Appeal is to the judgment of the learned Single Judge dated 30.8.2001, vide which the promotions of the appellants as Mates, Helpers, Assistant Drillers, Drillers as well as Supervisor on the basis of Draft Rules have been set aside with a direction that the Government may decide to notify the Draft Rules of 1979 so that ambiguities and uncertainties suffered by the aforementioned employees can be removed.

(2.) The private respondents now in appeal, who were the petitioners in CWP No. 15834 of 1998 are working in the Agriculture Department Punjab as Well Borers, Mates and Mechanic Borers. For the purpose of promotions, these persons were being treated at par with other Class IV employees. However, w.e.f. 1987 onwards the respondent department started promoting helpers directly as Assistant Drillers on the basis of the Draft Punjab Agriculture Department (State Service Class-III) (Non-Ministerial) Rules, 1979 (hereinafter referred to as "the Rules"). The private respondents herein prayed that no promotions could be made on the basis of the Draft Rules. This Court while allowing the writ petition vide judgment dated 30.8.2001 quashed Annexure P-8, by which the present appellants were promoted and confirmed as Assistant Drillers on the basis of the Draft Rules. It was held by the Hon'ble Single Judge that promotions on the basis of Draft Rules is impermissible and accordingly directions were issued that the Government may decide the question whether the Draft Rules are to be notified or not.

(3.) The appellants have contended that as they have already been promoted from the post of Helper to the post of Assistant Drillers on the basis of Draft Rules and have been working as such for the last many years, therefore, they are entitled to continue in service as Assistant Drillers.