Direct recruitment and promotion for Draftsmen posts must be in the ratio of 2/3rd to 1/3rd, as per Rule 6 of the Punjab Public Works Department (Building and Roads) Draftsmen and Tracers Service Rules, 1965. Seniority is determined by the date of appointment, not by the rotation provided in the rules.

R.S.Mongia, J.

1. The petitioners, who were working as Tracers in the Punjab public Works Department (Building and Roads) had challenged the advertisement Published in the Daily Tribune dated September 7, 1982, copy Annexure P-2, issued by the respondent-Department for filling seven posts of Draftsmen (Civil) by way of direct recruitment. The challenge is on the ground that the advertisement is in violation of rule 6(i)(c) of the Punjab Public Works Department (Building and Roads branch) Draftsmen and Tracers Service Rules, 1965 (hereinafter called the Rules) which provides that 2/3rd of the posts are to be filled by direct recruitment and 1/3rd by promotion. The direct recruits being already in excess of their quota, the vacant posts had to be filled by promotion and not by direct recruitment. As a matter of fact, it had been averred in para 9 of the petition that oui of total number of 196 posts, the promotees were holding only 46 posts and the rest of them were being held by direct recruits. Rule 6 of the Rules, which lays down the method of appointment, is in the following terms :-

"6. Method of appointrncnt.-- (1) Appointment to posts in the Service shall be made in the manner indicated below :-

(a) xxx xxx xxx

(b) xxx xxx xxx

(c) In the case of Assistant Draftsmen :-

(i) Two-thirds of the posts by direct appointment, or by transfer of an official already in the service of Government of India or of a State Government, and

(ii) Subject to the provisions of sub-rule (2) out of the remaining one- third posts to be filled by promotion, 50 per cent from amongst Tracers who possess qualifications prescribed for direct appointment to the post of Assistant Draftsmen and 50 per cent from amongst Tracers who have qualified Departmental Test conducted by the Chief Engineer for the post of Assistant Draftsmen and have completed 5 years service as Tracer."

It may be noticed that there are no Assistant Draftsmen now and the recruitment is to the post of Draftsman. It is admitted on both hands that the Draftsman posts are to be filled in as per rule 6(1 )(c). Rule 6(2) of the Rules provides for a roster as to how the post of Assistant Draftsman now Draftsman bad to be filled. The said Rule is in the following terms: "6(2) Recruitment to the cadre or ex-cadre posts of the Assistant Draftsmen shall be made in the order indicated below: Source of recruitment. Allocation to each source in a cycle of six vacancies. 1. Direct appointment or 2 2 transfer. (First and (Fourth and second fifth vacancy) vacancy). 2. Promotion from Tracers ) who possess qualifications ) prescribed for direct ) appointment to the post of ) Assistant Draftsmen. ) 3. Promotion from Tracers ) who have qualified in the ) Third vacancy Departmental Test for the post) 1 of Assistant Draftsmen to be ) conducted by the Chief ) Sixty vacancy Engineer and have completed ) 1 five years service as Tracers. Note: The promotion quota to the posts of Assistant Draftsmen will be operated as illustrated below :-

In a cycle of 6 vacancies, while making appointment by promotion, the following contingencies may arise:- (a) xxx xxx xxx (b) xxx xxx xxx (c) xxx xxx xxx (d) xxx xxx xxx (e) No eligible candidate belonging to source 2 or 3 may be available, xxx xxxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx In case of (e) the posts will be filled by direct recruitment. (3) xxx xxx xxx (4) All promotions shall be made by selection based on merit and taking into consideration seniority but seniority alone shall not give any right of appointment." The seniority of the members of the Service is determined by rule 12 of the Rules, which is as under :-

"12. Seniority.-- (1) Except as provided in sub-rule (2) relating to officials appointed by transfer, the seniority of the members of the Service and those appointed to the Service shall be determined by the dates of their appointment to the Service, irrespective of their date of joining : Provided that where the period of probation of an offi