S.K. Gangele, J.

1. The petitioners have filed this petition against the order dated 24/25-09-2008. By the aforesaid order promotions of 43 Sub-Engineers who were promoted to the post of Assistant Engineers in the quota of degree holder Sub-Engineers were adjusted against the quota of diploma holder Sub-Engineers which is 50%.

2. The contention of the petitioners is that due to aforesaid adjustment of posts, chances of the petitioners for promotion to the post of Assistant Engineers have adversely been affected. The petitioners further prayed a relief for their promotion on the basis of the proceedings of the DPC held on 20/08/2008.

3. The petitioners were appointed on the post of Sub-Engineers (Civil) on 14/09/1983. As per the Recruitment Rules prevailing at that time applicable to Sub-Engineers named as Madhya Pradesh Public Works Department (Non-Gazetted) Service Recruitment and Conditions of Service Rules 1972 (hereinafter called as "Rules of 1972), there were two categories in the cadre of Sub-Engineers i.e. Sub-Engineers (civil) and Sub-Engineers (Electrical) and Sub-Engineers (Mechanical). The appointment to the post of Assistant Engineer was governed by the Recruitment