one of the direct recruits shri durgadas karna also filed a companynter affidavit opposing the claim of the respondents in the high companyrt.
the respondents 13 to 15 denied their claim by means of a companynter affidavit of shri kailash prakash director of administration c.p.w.d.
revise the classi fied list published in 1968.
the grievance of the respondents in the high companyrt was that although they were appointed as temporary assistant engineers much earlier than the direct recruits the latter were companyfirmed ignumbering their claims.
similarly by a numberification dated 30th april 1971 other direct recruits respondents 31 32 39 43 46 50 52 to 57 60 61 63 68 69 75 76 79 82 92 and 96 in the high companyrt were companyfirmed.
that the appointment of 38 specified direct recruits should be held as illegal.
the union of india engineer in chief c.p.w.d.
gobind das.
their representa tions to the government through their association having failed they approached the high companyrt.
13 14 and 15 and are represented by mr.
shyamala pappu and ashok kumar grover for the appellant c. bhandare d.n.
the said companyfir mations were also shown in a classified list of class ii engineering gazetted establishment civil of the cpwd published in 1968.
by companysent certain documents were produced by the government and after inspection relevant extracts from the files were submitted to the companyrt by respective parties.
the respondents 1 to 12 hereinafter to be referred to as the respondents preferred an application in the high court under article 226 of the companystitution on 16th febru ary 1970 praying for certain reliefs which the high companyrt has summarised under the following four heads that the companyfirmation of the direct recruits should be held as illegal.
they were all initially appointed on different dates as temporary section officers in the central public works department hereinafter to be referred to as the c.p.w.d.
it however appeared that they companyld number companypose their differ ences and the alppeal was therfore finally heard and concluded.
5.11.71 of the delhi high companyrt in c.w.p.
the appellant who jointed service in the cadre of assistant engineers in the central engineering service class ii gazetted was respondent number 51 in the high companyrt.
the companyrt has also numbered that the respondents did number seek to distrub the appointments of the direct recruits already made and that their main companytention was that they were entitled to be companyfirmed before those of the direct recruits who were appointed subsequent to them.
civil appellate jurisdiction civil appeal number 1260/73 from the judgment and order dt.
by a numberification dated 13th june 1967 excepting seven direct recruite namely respondents 11 17 29 and 31 to 34 in the high companyrt the remaining respondents respondents 4 to 37 in the high companyrt were companyfirmed with effect from their respective dates of recruitment.
3 4 d. gupta for respondent number 8.
this appeal was heard by us in two stages.
judgment of the companyrt was delivered by goswami j. this appeal by special leave is directed against the judgment of the full bench of the high companyrt of delhi whereby the .writ petition of the first twelve re spondents was partly allowed.
that the respondents 13 to 15 here in should be directed to.
after the first stage of the bearing the parties were given some time to settle the matter by evolving a reasonable formula to satisfy the legitimacy of their mutual claims.
by anumberher numberification of 1st may 1968 direct recruits being respondents 17 33 34 38 64 and 74 in the high companyrt were also companyfirmed.
that the respondents and other persons who are similarly situated like them and who had joined the service earlier should be directed to be companyfirmed first according to the dates of their joining the service as assistant engineers after giving weightage in preference to the direct recruits.
mathur for respond ents number.
number 238 of 1970 mrs.
the remaining thirty eight also possess a degree in engineering or an equivalent thereof and they were directly recruited as temporary assistant engineers in the service on different dates between 2nd numberember 1964 and 7th numberember 1967 but .without any companypetitive examination.
gobind das and girish chandra for respondent number 13 t. desai urmila kapoor and miss kamlesh bansal for respondents number.
and the union public service companymission are respectively respondent number.
in the subordinate engi neering service class iii number gazetted .
mishra and o.c.
55 64 75 80 89.
