J.M. Tandon, J. - (1.) Nirmal Singh petitioner was appointed Line Superintendent in the office of Chief Electrical Inspector, Punjab, on May 25, 1968, and was confirmed as such on June 9, 1975, with effect from Aug. 17, 1972. He was promoted as Assistant Engineer Class Hon ad hoc basis on March 28, 1974, and was reverted as Line Superintendent on Dec. 18, 1975. There are eight posts of Assistant Engineers Class II in the Department. In 1974 all the eighty posts of Assistant Engineers were proposed to be filled by direct appointment and for this purpose an advertisement was made, in pursuance of which six posts were filled. Satish Kumar Mohindroo respondent No. 3, who was otherwise an employee of Punjab State Electricity Board was working on deputation with the Punjab Electrical Inspectorate as Line Superintendent. The Government vide order dated Sept. 18, 1975, (Annexure III) absorbed him as Line Superintendent in the Punjab Electrical Inspectorate with effect from March 4, 1966. He was confirmed, as Line Superintendent with effect from April 25, 1975, by order dated Nov. 16, 1976, (P. 3). The petitioner was placed at No. 1 and respondent No. 3 at No. 6 in the seniority list of Line Superintendents. Respondent No. 3 was promoted as Assistant Engineer Class II with effect from Nov. 12, 1977, vide order dated Feb. 2, 1977, (P. 4). The petitioner has assailed the order P. 4 in the present writ on the ground that he being senior to respondent No. 3 as Line Superintendent had a right to be considered for promotion and that he was not so considered before respondent No. 3 was promoted.
(2.) In the written statement filed by the respondents it has been averred that at the time respondents No. 3 was promoted as Assistant Engineer Class II the petitioner was not eligible for such promotion in terms of rule 4 (2) of the Punjab Service of Engineers (Electricity Branch) (Recruitment) Rules, 1939. Rule 4 (2) of the Rules reads : "Permanent Engineering Subordinates in the Electricity Branch of outstanding merits and with not less than 10 years' service in the Branch will also be eligible for appointment to the Service on the recommendation of the Chief Engineer. Clauses (c) and (d) of sub-rule (1) will not be applicable in their case. The number of such appointments shall not exceed 10 per cent of the total number of posts of Assistant Engineers Class II, provided that this percentage may be increased in exceptional cases, on the recommendation of the Chief Engineer, for employment on construction works."
(3.) The post of Assistant Engineer Class II against which respondent No. 3 was promoted in 1977 is inclined in the 'Service' as defined in the . The petitioner was appointed as Line Superintendent on May 25, 1968. He had not completed 10 years of service in January/February, 1977, when respondent No. 3 was promoted as Assistant Engineer Class II. The petitioner was, therefore, not eligible for consideration for promotion as Assistant Engineer Class II in 1977 when respondent No. 3 was so promoted.;