- (1.) This petition was initially filed by two petitioners. However, petitioner No. 2 had withdrawn the petition and, therefore, it is only qua petitioner No. 1 that the prayers are to be considered. Petitioner No. 1 was appointed as Beldar on regular basis on 1.2.1986. Next promotion is to the post of Mukaddam/Agriculture Sub-Inspector, which was governed by Punjab Subordinate Agriculture Service Rules, 1933 (for short 'Rules of 1933'). As per Rule 7(1)(c) thereof, the eligibility condition prescribed for promotion was that incumbent should be experienced literate Beldar in the inferior service of the department. No specific educational qualification was, otherwise, provided. Twenty per cent quota was prescribed by promotion and 80 per cent posts of Mukaddam/Agriculture Sub-Inspector were to be filled by direct recruitment. These Rules of 1933 have since been repealed by the respondents and in its place Punjab Agriculture Department (Field Office) Group-C Service Rules, 2010 (hereinafter referred to as the "Service Rules, 2010") are promulgated. Rule-5 of these Service Rules, 2010, prescribes minimum qualification of matriculation as well as working experience as Beldar for a minimum period of 10 years, for promotion to the post of Agriculture Sub-Inspector.
(2.) Since the petitioner was appointed as Beldar on regular basis on 1.2.1986, he completed 10 years' period in the year 1996. His case is that he, after completion of this period, had become eligible for consideration. He further submits that at the relevant time, i.e., prior to 2010, the vacancies of Agriculture Sub-Inspector were also available. Dedicated on these facts, his submission is that since the posts were available and as per the old rules he had become eligible to be considered, right for consideration under the old rules had accrued to him and, therefore, in his case, Service Rules, 2010 cannot be made applicable. It is not in dispute that as per Service Rules, 2010, the petitioner is not eligible as he does not possess the qualification of matriculation.
(3.) The petitioner has also challenged the vires of Service Rules, 2010 whereby minimum qualification of matriculation has been prescribed.;