J.S. Sekhon, J. - (1.) THE Petitioners joined the Soil Conservation Department as Assistant Soil Conservation Officers (Class II) as direct recruits in the year 1965 and thereafter. Their promotion to Class I Service was then governed by the statutory service rules called the Punjab Agricultural Service, Class I Rules; 1947 (hereinafter called the 1947 Rules), Under Rule 3(2) of the 1947 Rules, appointments to administrative posts in the Service are to be made by direct recruitment as also by promotion as the Government may in each case decide, provided that not less than 50 percent of all permanent appointments are to be made by promotion from Class II Service. The Government issued an order on 19th August, 1968 clarifying that the posts of the Divisional Soil Conservation Officers (Class I) being, administrative posts, the recruitment to these posts is to be made on 50 : 50 basis by direct recruitment and by way of promotion. The 1947 Rules were repealed on 3rd March, 1978 and new rules called the Punjab Soil Conservation and Engineering Service (Class I) Rules, 1978 (hereinafter called the 1978 Rules) were enforced. Under the 1978 Rules, the quota of recruitment to Class I Service was again fixed on 50 : 50 basis from both the above -referred sources. The Petitioners have been promoted as Divisional Soil Conservation Officers (Class I) on ad hoc basis with effect from the dates given as under: ...[VERNACULAR TEXT COMITTED]...
(2.) THE Petitioners further contend that although they are holding Class I posts, yet they have not been appointed to Class I Service on regular basis. It is further averred that from 1961 till today there occurred 22 total vacancies in the cadre of Divisional Soil Conservation Officers. Out of these, only 11 posts have been filled up. Only 3 posts are being manned by promotees and the remaining by direct recruits. The break -up of these posts is given in para 7 of the petition as under: ...[VERNACULAR TEXT COMITTED]... The State Government issued advertisement for filling up five posts of Divisional Soil Conservation Officers (Class I) by way of direct recruitment in the Daily Tribune, dated 10th November, 1979.
(3.) THROUGH this petition, the Petitioners challenge the above -referred action of the Respondents in filling up five posts by way of direct recruitment on the ground that it is illegal and violative of the quota rule as out of 22 vacancies of Divisional Soil Conservation Officers (Class I) the direct recruits are entitled to have 11 posts and as they are already manning 8 posts, only three posts remained to be filled from direct recruits. It is further maintained that similar question regarding filling up of Class II vacancies of this cadre arose in Tara Singh and Ors. v. The State of Punjab and Ors., 977 S.L.W.R. 485, wherein the High Court had directed the Respondents to reconsider the whole matter and fill up the vacancies in accordance with Punjab Agricultural Service (Class II) Rules, 1947 till the time those rules remained in force and on the basis of this judgment, the State Government has passed order (Annexure P. 2) directing that all the posts of Assistant Soil Conservation Officers should be treated as administrative posts from the date of their creation and be filled up in accordance with the quota rules as provided under the 1947 Rules for Class II Service. It is maintained that on the same analogy all the posts of Soil Conservation Officers (Class I) should be treated as administrative posts since the creation of these posts in the year 1961 and that the said posts are to be filled up in accordance with the quota rules as provided in 1947 Rules and in 1978 Rules. It is further averred that despite the filing of representations in this regard by the Petitioners, there is no response from the Respondents which has resulted in filing the present writ petition. Further details regarding the creation of various posts etc. are also given in the writ petition. The Petitioners seek the issuance of writ in the nature of mandamus directing the Respondents to fill the posts of Divisional Soil Conservation Officers on regular basis in accordance with the quota fixed by 1947 Rules and 1978 Rules besides directing the Respondents to fill the Class I posts first by way of promotion from amongst the Petitioners before filling the five posts advertised by way of direct recruitment and that the Respondents be restrained from making direct recruitment unless the Petitioners are given their due share in the existing vacancies.;