- (1.) These petitions are being disposed of by a common order because the issues raised in the two cases are inter-related. The facts : C.W.P. No. 8230 of 1988 The petitioners joined service as Junior Engineers on 3.8.1977 and 17.2.1977 respectively in P.W.D., Public Health Department. They passed A.M.I.E. in August, 1980 and August, 1979 respectively. Respondents No.2- Kulwant Singh' and respondent No. 3- Harcharan Singh, who had passed A.M.I.E. in October, 1983 and March, 1984 were promoted as ad hoc Sub Divisional Engineers in August, 1984 and December, 1984 respectively. the Petitioners were also promoted as Sub Divisional Engineers on ad hoc basis w.e.f. 28.12.19984.
(2.) The grievance of the petitioners is that even though, they had become eligible for promotion as Sub Divisional Engineers on 1.1.1983, the government had failed to undertake exercise for making promotion in accordance with Rule 6 read with Rule 9 of the Punjab Service of Engineers, Class-II, P.W.D. (Public Health) Rules, 1967 (for short, 'the 1967 Rules') despite the fact that as many as 35 persons were appointed by direct recruitment in the year 1987 and in this manner, they are being deprived of their legitimate right to be promoted as regular Sub Divisional Engineers. Their further grievance is that on the one hand, the government has failed to make regular promotions in accordance with the 1967 Rules and on the other hand, they are sought to be reverted to the lower post of Junior Engineer.
(3.) In the written statement filed on behalf of the official respondents, it has been averred that in terms of Rule 9(3) of the 1967 Rules, the Screening Committee is required to meet at an interval of one year, but regular promotions could not be made due to pending litigation. According to them, respondent No. 2- Kulwant Singh was promoted as Sub Divisional Engineer in April, 1984 because he was senior to the petitioners in the cadre of Junior Engineers. In paragraphs 10 and 11, the official respondents have made the following averments: "10. Admitted to the extent that 35 persons were appointed to the posts of Sub Divisional Engineers in the year 1986 through direct recruitment. The case for making regular appointment on the basis of eligibility as on 1.1.1985 was sent to the Commission, in which 3 posts in the quota of A.M.I.E./B.Sc. Engineering were included and the screening was held on, 13.12.1985. But the proceedings of the Screening Committee were stayed by the Hon'ble Supreme Court of India in C.W.P. No. 4025 of 1981 filed by Shri Bishan Dass Bagha and following orders were passed on 17.2.1986: "The Screening Committee's recommendation shall not be implemented uptill the disposal of this case. List the case for final disposal in August, 1986. The officers who have been promoted including petitioners will continue on ad hoc basis on the promoted posts." It is also mentioned here that Shri Bishan Dass Bagha was promoted from Junior Engineer Category against the vacancy meant for direct recruits. According to PSE Class-11 Rules, 1967, the promotion quota of Junior Engineer category is separate from that of AMIE category. It is further mentioned that later on, on the basis of the judgment announced by this Hon'ble Court in C.W.P. No. 4436 of 1978 (Shri N.S. Gill v. State of Punjab and others) one Shri Gurvinderbir Singh, who is direct appointee (source No. 1) filed a C.W.P. No. 5589 of 1989 in this Hon'ble High Court. After considering the whole facts, respondent No. 1 (Govt.) vide letter no. 231(36)89-BR2(4)/ 4856-59 dated 23.11.1989 (Annexure R.1) had decided the seniority of Shri Gurvinderbir Singh by giving three points of A.M.I.E. quota to the direct recruits under Rule 6(2) of P.S.E. Class-II P.W.D. Public Health Rules, 1967, as no A.M.I.E. pass candidate was available at the time of occurrence of the vacancies. In view of this decision, no regular point is available for the A.M.I.E. category up to the year 1985. 11. Admitted to the extent that on the completion of training by direct recruits, petitioner No.1 along with 8 others was reverted vide Govt. letter dated 15.6.87 and the petitioner No.2 along with 3 others was reverted vide Govt. letter dated 30.6.87. The petitioners along with others were reverted as they were promoted as Sub Divisional Engineers on purely temporary basis against the vacancies meant for direct recruitment for a period of six months. After that, the petitioners and respondent No. 3 filed a C.W.P. No. 3663 of 1987 in this Hon'ble High Court and got the stay orders' against the reversion. They were working in view of the stay order. On 12.11.90, this Hon'ble High Court had dismissed the C.W.P. No. 3663 of 1987. The petitioners along with other petitioners of C.W.P. No. 3663 of 1987 were reverted as Junior Engineer vide Govt. order dated 14.12.1990. Again the petitioners filed a C.M. No. 9198 of 1990 in C.W.P. No. 8230 and got the stay order against the reversion orders." C.W.P. No. 7415 of 1995;