Vijayesh Roy, Sanjay Kr.
105 dated 16.6.1971.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.896 to 899 of 1988 and Civil Appeal No.
The table also indicates the mode of initial recruitment to the cadre of Junior Engineers PG NO 259 EXECUTIVE ENGINEERS By promotion Asst.
Kaul, Sardar Bahadur, V.B. Saharaya, R.K. Khanna, Vishnu Mathur, Ashok Aggarwal, R.N. Keswani and R.S. Sodhi for the appearing parties.
From the Judgment and Order dated 2.9.1987 of the Delhi High Court in C.W.P. No.
Civil Appeals No.
574 dated 13.11.1963 and No.
The Judgment of the Court was delivered by VENKATACHALIAH, J. These four Civil Appeals by Special Leave and the Special Leave Petition arise out of and are directed against the companymon Judgment dated 2.9.1987, of the High Court of Delhi in C.W.P. No.
PG NO 257 Ramaswami, Additional Solicitor General, R.K. Jain, P. Rao, M.S. Gujaral, S. Rangarajan, A.K. Sanghi, Mrs. Madhu Kapur, Arun Kr.
We grant Special Leave in SLP.
899 of 1988 assails the companyrectness of the view taken by the High Court.
2132 and C.W.P. No.
The D.D.A. which is the appellant in Civil Appeals No.898 of 1988 and No.
896 of 1988 and 897 of 1988 are by the Graduate Engineers who were respondents before the High Court and who are, similarly, aggrieved by the decision under appeal SLP 6181 of 1988 is by the DDA Graduate Engineers Association which seeks to espouse the cause of the Graduate Engineers.
The following table delineates the effect and purport of the rules adopted under resolution No.
574 dated 13.11.1963 adopting the relevant CPWD Rules prescribing 3 years and 8 years service experience for Graduates and Diploma Holders respectively and the discrimination thus brought about between them.
2082 of 1984 in which the principal companytroversy was whether the Rules prescribing different companyditions of eligibility for Diploma Holders and Graduates for promotion from the cadre of Junior Engineers to that of Assistant Engineers and from the cadre of Assistant Engineers to that of Executive Engineers in the Public Works Department of the Delhi Development Authority DDA is violative of Articles 14 and 16 of the Constitution and would, therefore, require to be declared void.
3352 of 1988.
The High Court, in the writ petitions filed by the Diploma Holders, has held that such differential treatment of Diploma Holders and Graduates by the prescription of different standards of service experience for purposes of eligibility for promotion to the higher cadres is unconstitutional.
2131,2082 of 1984 respectively.
Engrs.
