J.S.Khehar, J. - (1.) The petitioners belong to subordinate cadres in the service of the Irrigation Department, Punjab, including the cadres of Supervisors, Beldars, Store Keepers, Time Clerks etc. They claim promotion to the rank of Junior Engineer. It is the contention of the learned counsel for the petitioners, that the petitioners were earlier eligible for promotion to the rank of Junior Engineer, under the provisions of the Punjab Public Works Department (Irrigation Branch) Overseers Engineering State Service, Class- III, Rules 1955 (hereinafter referred to as the 1955 Rules). In fact, the pointed attention of this Court has been invited to Rule 10 of the 1955 Rules. Rule 10 of 1955 Rules, relied upon by the learned counsel for the petitioners, is being extracted hereunder:- "10. (1) The recruitment to the service shall be made:- CWP No. 16090 of 2006 Page numbers (i) by direct recruitment from amongst students passing out of the Engineering School or any recognised institution; or (ii) by selection from amongst temporary overseers; or (iii) by transfer or an official, possessing requisite qualifications, already in the service of the Government whether in the same or another State or of the Union. (2) Notwithstanding anything in the above rules, appointment to the service shall be made purely by selection and no official shall be entitled to such appointment as of right."
(2.) According to the learned counsel for the petitioners, persons holding the posts in the cadres to which the petitioners belong, used to be promoted under clause 1 (iii) of Rule 10 of the 1955 Rules, extracted above.
(3.) It is also the contention of the learned counsel for the petitioners, that the 1955 Rules were amended through a notification dated 15.7.1997, by incorporation of sub-clause (iv) under Rule 10(1) of the 1955 Rules. The amended provision is being reproduced hereunder:- "(iv) by promotion, not less than then percent of the posts in the Service, from amongst the Junior Draftsmen and Surveyors, who have an experience of working as such in the Department for a minimum period of five years and who have obtained diploma in Civil or Mechanical or Electrical Engineering, from a Recognised Institution.";