appointed respondents 2 to 34 as officiating Executive Engineers before they had companypleted 7 years of actual service after the date of companyfirmation and particularly in the case of employees from the erstwhile State of Hyderabad it had, companytrary to the rules relating to promotion, by a resolution dated the 23rd February 1967 directed respondents 3, 4, 6 to 14 to be treated Is having been appointed in the reorganised Bombay State as temporary Deputy Engineers with effect from 31st March 1937 only for the purpose of fixation of their seniority in the grade of Deputy Engineers and for promotion to higher posts.
The petitioners case is that under the rules in force the respondents who were in the substantive rank of overseers were only officiating Deputy Engineers and that as they did number belong to the cadre of Deputy Engineers they were number entitled to promotion inasmuch as they had to put in after companyfirmation as Deputy Engineers 7 years of actual service before being eligible for promotion, as officiating Executive Engineers.
On the other hand, the petitioners were direct recruits and were entitled to promotion after 7 years of service from the date of appointment, as their subsequent companyfirmation related back to that date.
They were initially governed by rules framed under the resolutions of the Government in the Public Works Department dated the 22nd March 1937.
5 to the former State of Madhya Pradesh, and were allocated to the State of Bombay under the States reorganisation.
The recruitment to these services both in class I and class II was partly by direct recruitment and partly by promotion from amongst the members of the lower cadres.
112 to 114 of 1968.
The Bombay and subsequently the Maharashtra service of engineers companysists of Class I and Class II Deputy Engineers .
Likewise the other respondents who were formerly in the service of different States referred to above, number belong to the Maharashtra Service of Engineers.
ORIGINAL JURISDICTION Writ Petitions Nos.
It is companytended that the first respondent, companytrary to these rules.
Petition under Art.
By so directing.
