Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

14. SUBMISSIONS OF MR. P.S.RAJAGOPAL, LEARNED SENIOR COUNSEL
APPEARING FOR MR. M.R.SHAILENDRA, ADVOCATE FOR APPLICANT IN
APPLICATION NO.1753/2008 AND RESPONDENT NO.8 IN APPLICATIONS NO.1400/
2008 AND NO.3457/2008 :
The Governor of Karnataka in exercise of the powers conferred under the proviso to Article 309
of the Constitution of India has made the Rules called the Karnataka Public Works Engineering
Department Service (Recruitment) Rules, 1988 (for short, “1988 PWD Recruitment Rules”). The
1988 PWD Recruitment Rules were notified in the Official Gazette and came into force on 17.8.1989.
He referred to Rule 2, which reads thus:
“Method of Recruitment and minimum qualification etc:- In respect of each category of
posts specified in Column (2) of the Schedule below, the method of recruitment and the
minimum qualification, if any, shall be as specified in the corresponding entries in columns
(3) and (4) thereof”
The learned Senior Counsel also referred to Schedule to the said Rules in so far as it pertains to the
posts of AEEs, which is quoted below:
Sl. Category
No. Of post
5. Assistant
Executive
Engineer
Division-I
Karnataka PSC
Method of Recruitment Minimum qualification
Seventy five per cent by promotion
from the cadre of Assistant
Engineers and twenty percent by
direct recruitment in accordance
with the Karnataka Public Works
Engineering Department Service
(Recruitment of Assistant Executive
Engineers Division-I by
Competitive Examination Rules,
1973
Five percent by direct recruitment
from among persons (in service)
belonging to Karnataka Public
Works Engineering Department
who possess the qualifications
prescribed for direct recruitment in
accordance with the Karnataka
Public Works Engineering
Department Service (Recruitment of
Assistant Executive Engineers
Division-I by competitive
Examination) Rules, 1973.
537
For promotion:
(i) Must be holder of a degree
in Civil/Mechanical
Engineering as the case may
be.
(ii) Must have put in a service
of not less than five years as
Assistant Engineer.
Provided that if officers who
have put in a minimum service
of five years are not available,
an officer who has put in three
years of service may be
considered for promotion.