- (1.) The learned Counsel for the parties have consented that C.W.P. No. 3663-1987 (Harcharan Singh and others v. State of Punjab and others) and C.W.P. No. 6990-1987 (Ajaib Singh v. State of Punjab and others) involving identical question of law and facts be disposed of with a common order. For the purpose of order facts have been taken from C. W.P. No. 3663-1987.
(2.) The question for consideration in both these petitions is whether the petitioners, who are holding the posts of Sub-Divisional Engineers, Public Health, on ad hoc basis, have the right to hold the same when the direct recruits for whom the posts were meant, have become available. In order to sort out the controversy, it will be appropriate to narrate the following facts :
(3.) The respondents - State through an advertisement which appeared in a section of the press on 16.12.1979 invited applications for 85 posts of Sub Divisional Engineers in Punjab P.W.D., Building and Roads Branch. Out of these posts, 75 posts were for Civil and 7 for Electrical. Respondent No. 2, i.e. the Punjab Public Service Commission, Patiala, (hereinafter referred to as the 'Commission') recommended 62 candidates for appointment as temporary Engineers in PWD, Building and Roads Branch. About 35 were given appointments in P.W.D. Building and Roads Branch while the remaining were absorbed in Public Health Branch, as they could not be accommodated in P.W.D. (Building and Roads) Branch. Some of the candidates who were selected by the Commission for appointment as Sub Divisional Engineers in P.W.D. Building and Roads Branch but were actually appointed in Public Health had made representation requesting their transfer to ...... Building and Roads Branch. It is not in dispute that after the transfer of 12 Sub Divisional Engineers to ....... Building and Roads Branch the rest of the Sub Divisional Engineers made representations to the Government for their transfer to P.W.D. Building and Roads Branch. The Punjab Government vide letter No. 249-BRI (2)-86/1119 dated 27th/28th February, 1986, addressed to respondent No. 4 asked all the Sub Divisional Engineers who were selected for Building and Roads Branch but were adjusted in Public Health Branch may be advised to furnish an undertaking that they will be transferred on Building and Roads Branch side if they accept bottom position in the list of seniority of PSE Class - II Building and Roads Branch, below the batch of 1980. It was also made clear that their request for granting seniority in their batch in Building and Roads Branch will not be considered. In response to the abovesaid letter, all the respondents 5 to 20 had given their consent for being placed at the bottom. However, no final decision has been taken regarding their transfer to the Building and Roads Branch by the Government for administrative reasons. The petitioners had joined in between 1976-79 as Junior Engineers possessed Diploma and passed A.M.I.E. grade examination while in service. The petitioners possessed much experience as Junior Engineers varying from 8 to 11 years. They were promoted on ad hoc basis against the quota posts of direct recruits. Petitioner No. 3 was promoted on 11.6.1985 and rest of the petitioners in the year 1984.;