Rajendra Nath Mittal, J. - (1.) This judgment shall dispose of C. W. P. No. 126/1971 and C. W. P. No. 4865/1971.
(2.) Briefly the case of the petitioners is that they were recruited as Sub Divisional clerks in the Public Works Department (Public Health). They, it is pleaded, were governed by Punjab P. W. D. (Irrigation Branch) Circles Clerical State Service Rules Class III, 1955 (hereinafter referred to as 1955 Rules) wherein rule 10 deals with the recruitment of the Accounts Clerks. It is stated in rule 10 that the Accounts Clerks shall be appointed . - (1) by promotion from Sub Divisional Clerks. (2) by transfer from other Departments. It is alleged that the Department recruited Accounts Clerk by direct recruitment which was illegal. It is further alleged that the Department has prescribed qualifications for appointment to these posts as mentioned in Annexure A which the Government could not prescribe. They have consequently challenged the appointment of the respondents as Accounts Clerks and the instructions dated Aug. 4, 1964. The writ petition has been contested by the respondents.
(3.) The first question that arises for determination is whether the petitioners are governed by the Punjab P. W. D. (Irrigation Branch) Circles Clerical State Service Rules Class III, 1955 or not. It is contended by the learned counsel for the respondents that the petitioners are not governed by the aforesaid rules but they are governed by the Punjab Public Works Subordinate Services (Buildings and Roads Branch) Rules, 1934 (hereinafter referred to as 1st 34 rules). I have perused the said 1934 rules where in rule 3 deals with number and character of posts It says that the service shall comprise eight sections and each section shall comprise such number of posts as is shown against each section in Appendix A. In Appendix A. eight sections have been given, section IV deals with Public Health Circle. In that section, various categories of posts are mentioned. Under section IV there are posts of Junior Clerks, Senior Clerks and Assistants. From the perusal of 1934 rules, it is evident that these rules are applicable to the employees of Public Health. Mr. Sarjit Singh, learned counsel for the petitioners, has not been able to show from 1955 rules that they are applicable to the employees of Public Health, in the circumstances, I find force in the contention of the learned counsel for the respondents and hold accordingly.;