LPA No.2178 of 2001 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. LPA No.2178 of 2001 Date of decision: 01.12.2008 Hazara Singh & others ..Petitioner Versus Gurmit Singh and others ...Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: None for the appellants. Mr. R.S. Bajaj, Advocate, for respondents No.1 to 16. Mr. Yatinder Sharma, DAG, Punjab, for respondents No.1 to 19. Ashutosh Mohunta, J. (oral) The challenge in this Letters Patent Appeal is to the judgment of the learned Single Judge dated 30.8.2001, vide which the promotions of the appellants as Mates, Helpers, Assistant Drillers, Drillers as well as Supervisor on the basis of Draft Rules have been set aside with a direction that the Government may decide to notify the Draft Rules of 1979 so that ambiguities and uncertainties suffered by the aforementioned employees can be removed. The private respondents now in appeal, who were the petitioners in CWP No.15834 of 1998 are working in the Agriculture Department Punjab as Well Borers, Mates and Mechanic Borers. For the purpose of promotions, these persons were being treated at par with other Class IV employees. However, w.e.f. 1987 onwards the respondent department started promoting helpers directly as Assistant LPA No.2178 of 2001 2 Drillers on the basis of the Draft Punjab Agriculture Department (State Service Class-III) (Non-Ministerial) Rules, 1979 (hereinafter referred to as “the Rules”). The private respondents herein prayed that no promotions could be made on the basis of the Draft Rules. This Court while allowing the writ petition vide judgment dated 30.8.2001 quashed Annexure P-8, by which the present appellants were promoted and confirmed as Assistant Drillers on the basis of the Draft Rules. It was held by the Hon'ble Single Judge that promotions on the basis of Draft Rules is impermissible and accordingly directions were issued that the Government may decide the question whether the Draft Rules are to be notified or not. The appellants have contended that as they have already been promoted from the post of Helper to the post of Assistant Drillers on the basis of Draft Rules and have been working as such for the last many years, therefore, they are entitled to continue in service as Assistant Drillers. On the other hand, Mr. Bajaj, learned counsel for respondents No.1 to 16 submits that as long as the Draft Rules are not notified, none of the appellants have any right to be considered for promotion. Similar is the stand taken by the counsel for the State. Mr. Sharma, learned counsel for the State submits that the Draft Rules may be notified in the near future as the State is already seized of the matter. After hearing learned counsel for the parties, we are of the LPA No.2178 of 2001 3 considered opinion that as long as the Draft Rules are not notified, the same cannot be formed the basis of any promotions from Class IV to Class III as the Draft Rules do not have any statutory value unless promulgated under Article 309 of the Constitution of India. In view of the above, we find no merit in the present appeal and the same is hereby dismissed. (ASHUTOSH MOHUNTA) JUDGE (RAJAN GUPTA) JUDGE December 01, 2008 'rajpal'