Judgment

Srinivasan, J.-The first appellant was appointed as an Overseer (re-designated as Junior Engineer) on adhoc basis in Public Works Depart­ment (for short P.W.D.), State of Uttar Pradesh on 17.7.1970 and was approved by the Public Service Commission, U.P. (for shor the Commis­sion) on 30.6.1973. The second appellant was directly appointed as overseer substantively in the said department through the Commission on the same day. Both the appellants were holders of Diploma in Civil Engineering. In May, 1978 they passed an examination known as Associ­ate Member of Institution of Engineer (India), Section A and B, equiv­alent to B.E. Degree. On 30.5.1979 the appellants were promoted to the post of Assistant Engineers on adhoc basis. The said promotions were made within the quota of posts reserved for the promotees according to the relevant Service Rules by the Departmental Promotion Committee consisting of Secretary, P.W.D., Chief Engineer, P.W.D. and Chief Engineer Irrigation Department. The appointment orders stated that the promotion was being made to cope up with the work load in the Depart­ment since Assistant Engineers approved by the Commission were not available and that t