JUDGMENT

KULDIP SINGH, J.:- The petitioners are promotee-members of the Indian Telecommunication Service Group A (hereinafter called Group A Service). They are working as officiating Divisional Engineers in the Senior Time Scale. The recruitment and conditions of service of the persons appointed to Group A Service are governed by statutory rules called "The Telegraph Engineering Service (Class I) Rules, 1965 (hereinafter called the Rules). Rules 3, 5, 26, 27 and 28 which are relevant are reproduced hereunder:

"3. Composition of the Service:-There shall be four grades in the Services namely: -

i) Junior Time Scale Rs. 400-400-450-30600-35-670-EB-35-950.

ii) Senior Time Scale Rs. 700-40-1 1 0050/2-1250.

iii) Junior Administrative Grade Rs. 130060-1600.

iv) Senior Administrative Grade Rs. 1800100-2000.

5. Filling of vacancies in the Junior Time Scale:-

Fifty percent of the vacancies in the Junior Time Scale in service will be filled by competitive examination as provided in part II of these rules and fifty per cent. reserved for promotion as provided in Part Ill of these rules.

26. Appointment by promotion to the junior time scale in the service shall be mane by selection on merit from among officers of the Telegraph Engineering Service Class-II ordinarily with not less than eight years approved service in Class II on the recommendations of a duly constituted Departmental Promotion Committee and in consultation with the Commission. The period of probation shall be two years.

27. (a) Appointments to the Senior Time Scale in the service shall be made by promotions of officers in the Junior Time Scale in the order of seniority subject to the rejection of the Unit (unfit?). A directly recruited Assistant Divisional Engineer shall not ordinarily be promoted as Divisional Engineer unless he has put in five years service and has passed the prescribed departmental tests.

(b) Posts in the senior time scale may, however, be filled as a purely temporary measure, in an officiating capacity to hold charge by the promotion of permanent members of Telegraph Engineering and Wireless Service, Class II, who are on the approved list for promotion to the Junior Time scale.

28. Appointments to the Junior Administrative Grade in the Service shall be made by selection on merit from amongst officers ordinarily with not less than five years permanent service in Senior Time Scale of T.E.S. on the recommendations of a duly constituted D.P.C."

2. The petitioners who were permanent members of Telegraph Engineering Service Class II, were promoted to the Senior Time Scale of Group A Service under Rule 27(b) of the Rules during the period 1975 to 1979. Their appointment under the Rules was purely temporary in officiating capacity and to hold charge. It is, however, not disputed that petitioners 2 to 9 are continuously working in the Senior Time Scale till date. Petitioner No. 1 retired, in the year 1987, from a post in the Senior Time Scale. The question for our consideration is whether the service rendered by the petitioners in the Senior Time Scale for over a decade entitles them to claim that they are regular holders of the posts in the Senior Time Scale of Group A service.

We may notice the Scheme of the Rules relevant for the purposes of the present petition. Under Rule 3 of the Rules the Group A Service consists of four grades namely, Junior Time Scale (JTS), Senior Time Scale (STS), Junior Administrative Grade (JAG) and Senior Administrative Grade (SAG). JTS is the starting point of Group A Service. Rules 5 and 26 provide that the vacancies in the JTS are to be filled 50% by direct recruitment and 50% by promotion from the Telegraph Engineering Service Class-II. Rule 27(a) lays down that the vacancies in the next higher grade of STS are to be filled on the basis of seniority in the JTS subject to rejection of the unfit. Direct recruits in the JTS are ordinarily not eligible to be promoted to STS till the time they have put in five years of service. Rule 27(b) provide