ORDER

Delay condoned.

Leave granted.

We have learned counsel on both sides.

2. These appeals by special leave arise from the orders of the Madhya Pradesh State Tribunal made on October 1, 1994 in O.A. No. 616/93 and batch.

3. The admitted position is that the appellants as well as the respondents are governed by the provisions of M.P. Irrigation Engineering Services (Gazetted) Recruitment Rules, 1968 issued by the Governor in exercise of the power under proviso to Article 309 of the Constitution. Rule 7 of the Rules prescribes the mode of recruitment either by direct recruitment or by promotion of substantive or officiating feeder cadre, i.e., sub-Engineers, or by transfer of person who held in a substantive capacity such post as may be specified by the State Government in that behalf. Eligibility criteria has been prescribed under Rule 15 and procedure for consideration under Rule 16 which read as under:

"15. Condition of eligibility for promotion :

(1) Subject to the provisions of sub-rule (2), the committee consider the cases of all persons who on the 1st day of January of that years had completed the prescribed years of service (whether officiating or substantive) on the post/servic