ORDER

1. The appellants in Civil Appeal No. 8606 of 2001 who were working as Executive Engineers in the Public Works Department (Public Health Wing) filed writ petition challenging the upgradation granted to one Shri T.C. Singla to the cadre of Superintending Engineer. The appellants contended that Shri T.C. Singla was not senior to these appellants and therefore he was not entitled to be posted as Superintending Engineer. The appellants had also contended that the Department had been following a policy of creating a subcadre within the cadre of Executive Engineers as Mechanical, Civil and f Electrical without there being any appropriate rules. The Division Bench of the Punjab and Haryana High Court held that there was no cadre within the cadre of Executive Engineers and the rules contemplated as single cadre of Executive Engineers and the promotion is to be made on the basis of the seniority of the Executive Engineers. Even though the State contended that there could be a promotion of Executive Engineers on the basis of different cadres as Mechanical, Civil and Electrical; the said plea was not accepted by the High Court and it was held that for such creation sub-cadre rules have