' SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment of the Service Tribunal by which his appeal was dismissed.
2. The petitioner joined the Public Works Department of Northern Areas, as a Sub-Engineer on 25- 10-1971. He was promoted as Assistant Engineer (8-16) on 25-4-1984. The private respondents were recruited as Assistant Executive Engineer on ad hoc basis against the promotion quota. The petitioner objected to it and represented that he may be considered for promotion against two of the posts. The petitioner relied on Recruitment Rules framed on 17-8-1980 which provided that 50% of the posts of Assistant Executive Engineer were to be filled by promotion and remaining 50% by direct recruitment. According to the petitioner there were 35 posts of Assistant Executive Engineer during the period from the year 1981 and that out of those 35 posts only seven had been given to the promotees whereas the remaining 28 were filled by direct recruits. It was also pointed out that on 12-8-1987 nine more Assistant Executive Engineers were directly recruited. Thus, their number is in excess of their quota. It seems that on 15-5-1990 a notification was issued amending the policy of recruitment. By this amendment only 20% of the posts of Assistant Executive Engineers were to go to the quota of promotees while the rest was to be filled by direct recruitment.
3. The learned counsel for the petitioner submitted that the advertisement for recruitment to the posts of Assistant Executive Engineer which fell vacant during February or March 1990 was issued on 18-3-1990. He contended that as the recruitment rules were amended on 15-5-1990, it will not apply to the petitioner, who had become entitled to promotion according to the old Rules before the promulgation of the amended rules. We grant leave to consider the question whether the petitioner would be governed by the amended rules of 15-5-1990.