14.09.2017, promoted to the post of Zilladar, which is governed by Punjab Public Works Department (Irrigation Branch), Zilladar' State Service, Class III Rules, 1955 (hereinafter called 'the Zilladar Rules'). There are two categories for appointment as Zilladar; i) by way of promotion of departmental candidates; and ii) direct recruitment. Direct selected candidate Zilladar, as per Rules, is required to undergo training and pass the departmental patwari examination as prescribed in para No.7.34 of the Manual of Administration as well as pass the Departmental Revenue Exam, during the probation period. The nomenclature given to the Zilladar appointed through direct recruitment is 'Candidate Zilladar', whereas promoted Zilladar as Zilladar. Respondent No.2/Engineer-in-Chief, Irrigation and Water Resources Department, Haryana, issued a notification dated 20.6.2018, affording the last opportunity to the Zilladars, who have not cleared the Departmental Revenue Exam, during the probation period as specified in Rule 11(3) of the Zilladar Rules. There is inconsistency in Rules 10 and 11 of the Zilladar Rules, as, the expression 'if recruited direct', in sub-Rule 3 of Rule 11, for clearing the departmental examination only applies to the direct recruited candidates and not to the persons, who have been promoted, for, para 6.6 of the Manual of Administration of Zilladar Rules, is not in consistent with the Rule 10 and Appendix 'B', wherein there is no provision of clearing Departmental Examination to the promoted Zilladars. Both the categories i.e. Direct and Promoted, have different qualification, thus, letter/notification dated 20.06.2018 (Annexure P-5) is not sustainable in the eyes of law.
