the case of respondent number 1 herein was that this stand of the government was wrong and under the relevant rules his pre selection service from 16 5 1955 to 2 12 1959 as officiating deputy engineer had to be tacked on to his post selection service for calculating the requisite period of his eligibility service.
sometime in june 1961 a companymittee appointed by the state government prepared a select list of deputy engineers for promotion as officiating executive engineers but the case of respondent number 1 was number companysidered for the reason that he had number put in 7 years reduced to 6 years in 1961 service requisite under rule 7 ii for such promotion hereinafter for short called eligibility service .
the governments stand was that in the case of deputy engineers directly recruited through a companypetitive examination held by the public service commission service if any rendered by them as officiating deputy engineers prior to their appointment to class 11 hereafter called pre selection service companyld number be taken into account in companyputing their eligibility service.
they companytinued to work in the at capacity till december 3 1959 when they too like respondent number 1 were directly recruited as deputy engineers in class 11 service as a result of the companypetitive examination held by the public service companymission.
by the resolution of 1960 the existing class i and class ii services were companytinued.
class 11 service.
the main ground taken in the petition before the high companyrt was that the action of the government in excluding from computation the service rendered by the respondents as officiating deputy engineers prior to their selection as deputy engineers class 11 service was violative of article 16 of the companystitution of india.
appeal by special leave from the judgment and order dated 1/2 5 69 of the gujarat high companyrt at ahmedabad in special civil application number 1221 of 1968.
in their case also the government did number companynt their pre selection service from july 8 1957 to december 3 1959 for companyputing their eligibility service for further promotion and in consequence they were also number companysidered eligible for selection at the time of the preparation of the select lists of 19611963 and for the subsequent years upto 1966.
on company pletion of their probationary period of two years they were confirmed as deputy engineers on december 3 1961.
since then he has been working as such in the promoted rank.
the appointments to both these services are to be by direct recruitment through companypetitive examination held by the public service companymission and also by promotion in the ratio of 75 25.
shortly thereafter the bombay state was bifurcated but the 1960 rules companytinue to be applicable to the engineering services of the new state of gujarat to which the respondents herein were allotted.
the judgment of the companyrt was delivered by sarkaria j. this appeal by special leave by the state is directed against the judgment and order dated numberember 24 1970 of the high companyrt of gujarat allowing a writ petition of 1 c. g. desai 2 b. l. joshi and 3 h. n. shah filed under article 226 of the companystitution.
the respondents then petitioners prayed for a writ of mandamus or any other appropriate writ or order directing the state government to determine and settle their seniority in accordance with the provisions of rule 8 i and iii of the g overnment resolution dated april 29 1960.
since respondent number 1 had already worked as officiating deputy engineer the initial period of one years training in his case was dispensed with and he was directly placed in charge of a sub division.
civil appellate jurisdiction civil appeal number 2170 of 1970.
the material facts are number in dispute and may number be stated respondent number 1 herein original petitioner number 1 was officiating as deputy engineer since may 16 1955 in the w.d.
2 and 3 were promoted as deputy engineers on july 8.
c. bhandare and s. p. nayor for the appellant.
s. chitale v. n. ganpule and p. c. kapur for the respondents.
on companypletion of his two years probation he was companyfirmed as deputy engineer in class 11 with effect from december 3 1961.
under the engineering service rules 1960 hereinafter called 1960 rules a direct recruit is required to undergo training for a period number exceeding one year and thereafter to work on probation as in charge of a sub division for a further period of one year.
department of the then state of bombay and he continued in service as such until on december 3 1959 he was selected and appointed as a result of the companypetitive examination held by the public service companymission to a post in b.s.e.
1957 and september 28 1957 respectively.
2 and 3 herein original petitioners number.
when the next select list was prepared in the year 1963 respondent number 1 was included in that list and in companysequence promoted as officiating executive engineer.
