- (1.) Both the writ petitions being interconnected were heard together and are being disposed of by this common order.
(2.) The Petitioners in CWP No. 16352 of 2007 are Sub-Divisional Engineers in the Punjab Tubewell Corporation, whereas the Petitioner in CWP No. 5016 of 2007 is holding the post of Draftsman. They seek to challenge the validity of the Punjab Irrigation Department (Group A) Service Rules, 2004, which have been adopted by the Corporation in supersession of the Bye-Laws earlier in force in the Corporation. The Petitioner in CWP No. 5016 of 2007 has been divested of the current duty charge in the post of Sub-Divisional Officer which he was holding. The said order is in an incidental aspect of the challenge made in the second writ petition i.e. CWP No. 5016 of 2007.
(3.) The facts are long but an attempt must be made to summarize and recite only what is essential. Promotion to the post of Executive Engineer, which is the subject matter of CWP No. 16352 of 2007 and promotion to the post of Sub-Divisional Engineer, which is involved in CWP No. 5016 of 2007, were initially governed by a set of Bye-Laws framed by the Corporation in the year 1977. Appendix 'B' of the said Bye-Laws stipulated a degree in Civil/Mechanical/Electrical Engineer and 8 years of service in the post of Assistant Engineer (Sub-Divisional Engineer) as a condition of eligibility for promotion to the post of Executive Engineer (Divisional Engineer). On the other hand, the post of Assistant Engineer (Sub-Divisional Engineer) is to be filled up by direct recruitment as well as by promotion. The quota of promotion from different sources with the qualifications and minimum service was also stipulated in the aforesaid Appendix 'B'. It may be specifically noted, at this stage, that for promotion to the post of Sub Divisional Engineer/Assistant Engineer, diploma holders as well as Draftsmen with diploma formed an eligibility category.;