DHARAMVIR NARANG; SURINDER MOHAN PURI; KRISHAN KUMAR; CHAMAN LAL DUBEY; SOHAN LAL JINDAL; R K CHOPRA; DIPLOMA ENGINEERS, ASSOCIATION; MANMOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These petitions are being disposed of by a common order because the substantive prayer made by the petitioners is common to all the cases. First of all, we may briefly notice the facts. C.W.P. No. 3736/87 :

(2.) The petitioners joined service as Junior Engineers in Public Works Department (Public Health Department), Government of Punjab. Vide order dated 28.12.1984, they were promoted as Sub-Divisional Engineers on purely temporary basis against the vacancies meant for direct recruitment. The tenure of their promotion was six months or till the availability of candidates selected by the Punjab Public Service Commission. After two years and six months, they were reverted to the post of Junior Engineers on the availability of candidates selected by the Public Service Commission. Their grievance is that the official respondents have not made recruitment to the service in accordance with Rules 6 and 7 of the Punjab Service of Engineers, Class-II PWD (Public Health Rules), 1967 (hereinafter referred to as 'the 1967 Rules') and in this manner they have been deprived of their legitimate right to be promoted against the posts of their quota. The respondents have contested the writ petition by asserting that on the basis of purely temporary promotion, the petitioners did not acquire any legal or vested right to hold the posts of Sub-Divisional Engineers and no illegality has been committed by government in reverting them on the availability of candidates recommended by the Public Service Commission. In a separate written statement, the respondent No. 19 has raised an objection to the maintainability of the writ petition by contending that the petitioners do not have the right to hold the posts of Sub-Divisional Engineers on the basis of their promotion against the posts earmarked for direct recruitment. C.W.P. No. 3785/87:

(3.) Petitioners-Surinder Mohan Singh Puri and others joined service as Junior Engineers in P.W.D. (Public Health Department) between 1970 and 1973. They passed A.M.I.E. between 1981 and 1984. They were promoted as officiating Sub-Divisional Engineers in the year 1984. In the writ petition, they have sought regularisation of their service in accordance with the provisions of the 1967 Rules. The respondents have pleaded that the petitioners are not entitled to be appointed as substantive Sub Divisional Engineers and in any case, they cannot question the appointments of the non-official respondents. C.W.P. No. 3926/87 :