J.M. Tandon, J. - (1.) The petitioners are the members of the Punjab Service of Engineers Class II and they are governed by the Punjab Service of Engineers Class II (Irrigation Branch) Rules, 1941 (hereafter the Class II Rules). Rule 4 of Class II Rules reads : "4. Constitution of the Service-The Service shall consist of:- (a) existing members of the Service. (b) officers transferred or promoted from another State Service, whether in the same or another State, or promoted from the Overseers Engineering Service, Irrigation Branch, Punjab, or Irrigation Branch (Provincial, Draftsman and Tracers) Service, or temporary engineers taken into the service. (c) Officers directly appointed by Government.
(2.) The Government vide Memorandum dated May 4, 1972, has fixed the percentage for appointment by promotion in P. S. E. II from various sources as under:- JUDGEMENT_73_LAWS(P&H)12_1983(1).html The petitioners have been appointed in P.S.E. II by promotion. The appointment and conditions service of P.S.E. I are governed by statutory rules, namely, Punjab Service of Engineers Class I P.W.D. (I.B.) Rules, 1964 (hereafter P. S. E. I. Rules).
(3.) Rule 5 of P.S.E. 1 Rules prescribes the different sourcess of recruitment to P.S.E. I and it reads : "5. Recruitment to service. (2) Recruitment to the service shall be made by Government by any one or more of the following methods:- (a) by direct appointment; (b) by transfer of an officer already in Class I service of the Government of India or of a State Government; (c) by promotion from Class II Service. "Class II Service" has been defined under rule 2 (5) of P.S.E. I rules and the definition reads : " 'Class II Service' means the Punjab Service of Engineers, Class II in the Irrigation Branch, and includes, for purposes of pro- motion to and fixation of seniority in the Class I Service Temporary Engineers.";