R.N. Mittal, J. - (1.) Briefly the case of the petitioner is that he joined service in the Public Works Department (Public Health Branch) in the State of Punjab as Sectional Officer (sic) was promoted to the post of Sub Divisional Engineer on February 8, 1971. The promotions to the post of Executive Engineer, which is a Class I post, are governed by the statutory Service Rules, called the Punjab Service of Engineers, Class I P.W.D. (Public Health Branch) Rules, 1961 (hereinafter referred to as 'the Rules'). It is stated that under Rule 8 of the Rules a select list is prepared for promotions to ex -cadre or to any post in the cadre in an officiating capacity from the list prepared. It is then averred that the name of the petitioner was put on that list by a Committee constituted under Rule 8 and he along with some other Officers was promoted to P.S.E. Class I vide order dated July 12, 1979 (Annexure P. 1).
(2.) The case of the petitioner further is that there are 10 Class II Officers, who are senior to the petitioner in Class II Service but have not yet been brought on the select list. He has also mentioned their names in Para 12 of the petition. They were also promoted to the posts of Executive Engineers, although their names were not brought on the select list. They are working as such up -to -date. The petitioner, however, has been reverted to the post of Sub Divisional Engineer vide order dated April 2, 1980 (Annexure P. 3). He has prayed for quashing the aforesaid order in this writ petition.
(3.) The only question that arises for determination is as to whether the petitioner, who is on the select list, can be reverted as Sub Divisional Engineer when the other Officers who are not on the select list are still working as such. In order to determine the question, it will be necessary to refer to Rule 8 of the Rules, which is as follows: - 8. Appointment by promotion. - (1) A Committee consisting of the Chairman of the Public Service Commission or where the Chairman is unable to attend, any other member of the Commission representing it, the Secretary P.W.D. (Public Health Branch) and the Chief Engineer, Punjab P.W.D., Public Health Branch, shall be constituted. (2) The Chairman or the member of the Commission, as the case may be, shall preside over the meetings of the Committee. (3) The Committee shall meet at intervals, ordinarily not exceeding one year, and consider the cases of all eligible officers for promotion to the senior scale of the Service, as on the first day of January of that year. (4) The Committee shall prepare a list of officers suitable for promotion to the senior scale of the service The selection for inclusion in such list shall be based on merit and suitability in all respects with due regard to seniority. (5) The names of the officers included in this list shall be arranged in order of seniority in class II Service. Provided that any junior officer who in the opinion of the Committee is of exceptional merit and suitability, may be assigned a place in the list higher than that of officers senior to him. (6) * * * * (7) * * * * (8) The list prepared or revised in accordance with sub -rules (4), (5) and (6) shall then be forwarded to the Commission by Government along with: - (i) the records of all officers included in the list; (ii) records of all officers proposed to be superseded as a result of the recommendations made by the Committee; (iii) the reasons, if any, recorded by the Committee for the proposed supersession of any officer; (iv) the observations, if any, of the State Government on recommendations of the Committee. (9) The Commission shall consider the list prepared by Committee along with other documents received from the State Government and, unless it considers any change necessary, approve the list. (10) If the commission considers it necessary to make any changes in the list received from the Government, the Commission shall inform the Government of the changes proposed and after taking into account the view, if any, of the Government, may approve the list finally with such modification, if any, as may, in its opinion, be just and proper. (11) Appointments to the Service shall be made by Government from this list in the order in which names have been placed by the Commission. (12) Appointment by promotion may be made to an ex -cadre post, or to any post in the cadre in an officiating capacity from the list prepared under this rules. (13) * * * * From a reading of the aforesaid rule it is clear that sub -rules (1) to (5), (8), (9) and (10) relate to the preparation of the list and sub -rule (12) to the appointment of the Officers mentioned in the list to ex -cadre posts in an officiating capacity. It is not disputed that some of the Officers who are not on the select list are working as Executive Engineers and the petitioner has been reverted as Sub Divisional Engineer. In view of the aforesaid rule, the Government could not do so. It is true that he was appointed on ad hoc basis for six months but that will not make any difference. As long as the other Officers who were not on the select list are working as Executive Engineers, the petitioner cannot be reverted. It may also be relevant to point out that the stand of the Government is that the other Officers had been promoted on the basis of their seniority -cum -suitability in P.S.E. Class II. I am of the opinion that such an appointment is against the statutory rules and illegal. Therefore, the order dated April 2, 1980 (Annexure P. 3) is liable to be quashed.;