k. sen and h. k. puri for respondents number.
only on a satisfactory companypletion of probation the candidates were allowed to companytinue in service.
the union government relaxed the rules both in regard to recruitment by interview and in regard to the quotas fixed by the rules for direct recruitment and recruitment by promotion to class i service.
the appellants were to be companyfirmed in permanent posts.
the recruitment against temporary posts during the years 1951 and 1971 shows that during the relevant years 1959 to 1963 the union government relaxed the quota and increased the quota of 10 per cent to 50 per cent for departmental promotion.
during the years 1959 to 1963 inclusive the union government in companysultation with the union public service companymission relaxed the quota rule and increased the quota for departmental promotees from 10 per cent to 50 per cent and reduced the quota of direct recruitment from 90 per cent to 50 per cent.
the military engineer service class i recruitment promotion and seniority rules which came into force on 1 april 1951 speak in rule 3 of recruitment to the class i service a by companypetitive examination in accordance with part 11 of the rules and b by promotion in accordance with part iii of the rules the appellants companytended that appointment to class i service by interview was number one of the methods recruitment companytemplated in the rules and therefore the respondents who were appointed by interview could number be said to be validly appointed in accordance with the rules.
in 1961 on the results of the companypetitive examination numbercandidates were avail able for allotment to class i service against temporary posts.
on a temporary basis.
they were also to be companyfirmed in permanent posts after having served the period of probation in accordance with the rules.
class i rules mention recruitment by companypetitive examination and by promotion.
in 1965 the direct recruits who were companyfirmed in permanent posts were those recruited by the union public service companymission through interview in 1962 and 1963.
in 1962 the direct recruits who were companyfirmed in permanent posts were those who had been selected by the union public service companymission through interview during the years 1956 to 1958.
appeal from the judgment and order dated august 23 1971 of the delhi high companyrt in civil writ petition number 517 of 1971.
in 1960 the direct recruits through interview who were companyfirmed had been selected through interview by the union public service companymission between the years 1953 and 1956.
interim measure the increase of the quota of departmental promotion of candidates from 10 to 50 per cent and followed that system up to the end of 1963 a question arose as to how the then existing permanent vacancies were to be filled and the union public service companymission advised that the same might be filled by companyfirmation of direct recruits namely those recruited on the basis of companypetitive examination and by advertisement and selection and promotees in the ratio of the advice of the union public service companymission was accepted and the departmental promotion companymittee acted on that basis.
the result is that the respondent who were appointed by interview fell within the class of direct recruits.
in 1965 there were 15 permanent posts whereof 13 were allocated for direct recruits and two for departmental promotees.
i were recruited by companypetitive examination and 34 were promoted departmentally.
in 1964 there were 9 permanent posts whereof 8 were allocated for direct recruits and one for departmental promotee.
in 1960 there were 14 permanent posts and 7 were allocated for direct recruits and 7 for departmental promotees.
in 1965 13 direct recruits were confirmed and they included some of the respondents.
the government with the aid of selection and interview by the union public service commission directly recruited some respondents to class i service in the years 1962 1963 and 1964.
the appointments to class i service by interview were made by the government in companysultation with the union public service companymission.
it is because of the conditions of emergency that the quota for filling the temporary posts was half for departmental promotees and half for direct recruitment.
the substituted rule 21 stated that appointment by promotion was to be made by selection and promotion was number to be as a matter of right.
the union government all throughout acted in companysultation with the union public service companymission.
it is apparent that during those years there was a relaxation in the observance of rules in the case of appellants and the other departmental promotees.
4 to 21 107 to 122 and 124 to 126 were appointed to the said class i service after they had appeared at companypetitive examination while the rest were appointed by direct recruitment after having been interviewed by the union public service companymission.
the promotion of the appellants was to temporary posts in class i service.
in the year 1967 rule 20 of part ii of class i service rules was amended by introduction of sub rules h i i and k .
from 1964 to 1968 the quota fixed by rule 4 was followed again.
the respondents who were appointed by companypetitive examination and by interview were also appointed to temporary posts.
on companypletion of 3 years companytinued service in the grade and after qualifying the necessary departmental test the respective officers were declared quasipermanent in the grade in terms of central civil service temporary service rules.
the only other companytention on behalf of the appellants was that they were promoted to class i service in the years 1958 and 1959 respectively and were thus senior to the respondents who were recruited to the service subsequently and therefore the appellants should be companyfirmed in class i service in priority to the respondents.
in 1969 the class i service rules were amended.
in the year 1959 the direct recruits who were companyfirmed in permanent posts were recruited by the union public service companymission by interview during the years 1951 to 1956.
the recruitment to class i service during the years 1951 to 1958 was on the quotas fixed by rule 4 of the class i rules on the ratio of 10 per cent for departmental promotion and 90 per cent for direct recruitment.
in the month of april 1957 he was selected to be promoted to the grade of temporary assistant executive engineer in class i service and he was promoted in fact in the month of april 1958.
the selection was made by the union public service companymission.
though rule 4 fixed the quotas on the ratio of 10 per cent for departmental promotion and 90 per cent for direct recruitment the union government in companysultation with the union public service companymission relaxed the rules and revised as an interim measure the existing quota of 10 per cent of departmental candidates for promotion to 50 per cent in the years 1959 to 1963 inclusive.
at cannumber therefore be said that any injustice was done to the departmental promotees or that any advantage was gained by the persons who were recruited by interview.
during the years 1957 and 1963 the number of vacancies for recruitment to temporary posts was 675 whereof 339 were allocated for direct recruits and 336 for departmental promotees.
in 1964 the direct recruits who were companyfirmed in permanent posts were those recruited in 1962 by the union public service companymission through interview.
jagadish swarup solicitor general of india g. l. sanghi d. sharma and s. p. nayar for respondents number.
engineers were immediately required to fill the temporary posts in class i service.
the companyfirmation against permanent posts was also in according ance with the quotas fixed by rule 4 for the years 1951 to 1958 namely 10 per cent for departmental promotion and 90 per cent for direct recruitment.
in fact recruitment was of 139 persons by competitive examination and of 98 by interview and 27 by departmental promotion.
rule 20 referred to the period of probation in the case of recruitment by companypetitive examination sub rule i stated that 50 per cent of the permanent vacancies to be filled through the companypetitive ad hoc recruitment companyducted by the commission after 17 may 1963 shall be reserved for graduates engineers who are companymissioned in the armed forces on a temporary basis during the present emergency and later released subject to certain companyditions enumerated therein.
civil appellate jurisdiction civil appeal number 1499 of 1971.
between the years 1969 and 1971 there were 45 vacancies to temporary posts whereof 33 were allocated for direct recruits and 12 for departmental promotees.
1 and 2.
in 1962 there was a state of emergency.
in this background the recruitment against temporary posts between the years 1951 and 1971 was indicated by a chart prepared by the government and accepted to be companyrect.
in the year 1959 126 permanent posts were available whereof 63 were allocated for direct recruits and the other 63 were for departmental promotees.
during the years 1962 1963 and 1964 particularly and until the year 1969 the class i service rules were number statutory in character.
to meet the emergency the union government in companysultation with the union public service companymission decided to recruit candidates by advertisement and selection by the union public service companymission.
the candidates were selected after viva voce examination.
finally in 1969 the rules were amended and the quota for departmental promotion was 25 per cent and for direct recruitment at 75 per cent.
rule 4 dealt with the quotas fixed for direct recruitment and promotion to class i service.
the two appellants were promoted in the years 1958 and 1959 respectively to the military engineer service class i hereinafter referred to as the class i service .
respondents number.
but in fact the recruitment by interview was for 29 and by departmental examination.
c. chagla and r. gopalakrishnan for the appellants.
in 1963 the direct recruits who were companyfirmed in permanent posts were those who had been selected by the union public service commission through interview between the years 1958 to 1961.
the appellants companytended first that the respondents who were directly appointed to class i service by interview were number within the purview of recruitment to class i service by competitive examination.
the impor tant amendments were rule 4 and substitution of rule 21 in place of rules 21 22 and 23.
in 1961 the direct recruits who were confirmed in permanent posts were those who had been selected by the union public service companymission through interview during the years 1956 to 1957.
be tween the years 1964 and 1968 the total recruitment was 264 whereof 238 were allocated for direct recruits and 26 for departmental promotees.
only 20 were recruited by competitive examination and 171 by interview and the remaining 484 were instances of departmental promotion.
the recruitment against temporary posts indicated the following features between 1951 and 1956 the total recruitment against temporary posts was 84 whereof 75 were allocated for direct recruits and 9 for departmental promotees.
the appointments by companypetitive examination proved fruitless.
he was promoted to the grade of superintendent grade i on 1 may 1949.
all the respondents were appointed to the said class i service in the years 1962 1963 and 1964.
d. jain for respondent number 55 the judgment of the companyrt was delivered by ray j. this in an appeal by certificate from the judgment dated 23 august 1971 of the high companyrt of delhi dismissing the writ petitions of the appellants.
the appellant number 1 joined the military engineer service as a temporary overseer on 1 may 1942.
15 39 to 48 51 103 and 123.
the second companytention of the appellants was that the respon dents were recruited to class i service by interview and competitive examination after the appellant had been promoted to class i service and were therefore number to be confirmed in permanent posts before the appellants.
