F.L. Kansal, the respondent a direct recruit was appointed on May 18, 1965 as Asstt.
Their seniority is unalterable and they are eligible for promotion within 50 quota of cadre post as Executive Engineer, superintending Engineer and Chief Engineer respectively, companynting the seniority with effect from their respective years of allotment.
The appellants shall be companysidered for appointment to a substantive vacancy against a cadre post within their 50 quota of the promotees and their seniority would be companynted next below the immediate senior promotee of the same year of junior most promotee of the preceding year of allotment either officiating or companyfirmed, in accordance with sub rules 6 and 7 of Rule 12 and Rules 8 11 11 4 .
From the Judgment and Order dated 2.2.1983 of the Punjab Haryana High Court In W.P. No.
Executive Engineer by direct recruitment to Class I Service of Junior scale and was appointed with effect from December 7, 1977.
Executive Engineer, Executive Engineer, Superintending Engineer and Chief Engineer.
3.4 Since the respondent in Civil Appeal No.1643/91 is a direct recruit, his seniority as Executive Engineer, shall be with effect from the date of this initial appointment as Asstt.
Similarly, seniority of the respondent in Civil Appeal No.2316/86 would be determined with effect from 1.1.1966.
exercised its power under Rule 22 and relaxed the qualification of 5 years length of service and promoted the appellants and S.L. Chopra as Executive Engineers on February 21, 1972, B.R. Batra on July 29, 1971 and O.P. Juneja on February 16, 1972.
Executive Engineer, as companytemplated by Rules 12 3 and 5 .
The appellants, namely, Sardar Pratap Singh, K.C. Sehgal and Sardar Bhupindr Singh in Civil Appeal No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Since same companytroversy, as involved in Civil Appeal No.2316 of 1986, we are disposing of both the appeals and writ petition by a companymon order.
The State Govt.
The respondent B.D. Shardana was recruited as Asstt.
2316 of 1986 are Class II officers promoted on officiating basis as Executive Engineers in Senior scale with effect from 1962, 1964 and 1964 respectively and they were companyfirmed on that post with effect from June 1, 1977, May 1, 1979 and November 1, 1979 respectively.
The State Govt.
Rajinder Sachhar, Mahabir Singh and C.M. Nayar NP for the respondents.
The service under the rules companysists of Asstt.
P. Rao, N.B. Shetye, Jitendra Sharma and U.S. Rana for the Appellants.
The Judgment of the companyrt was delivered by RAMASWAMY, J. The special leave to appeal is granted.
These appeals and the writ petition were heard elaborately alongwith Civil Appeal No.
1643 of 1991.
2859 of 1982.
Executive Engineer in the Class I, Junior scale.
4094 of 1984 on merits.
The High Court allowed the writ petition of Kansal and quashed the companyfirmation of the appellants.
