Their principal companytention was that an officer in the Class II Service companyld number be promoted to the Class I Service unless he possessed a degree in Engineering as prescribed by Rule 6 a of the Punjab Service of Engineers, Class 1, P.W.D. Buildings and Roads Branch Rules, 1960 hereinafter referred to as the Class Rules which govern the recruitment to the Class I Service in the State of Haryana and the relaxation of that requirement alleged to have been ordered by the State Government in exercise of the power under the proviso to Rule 6 a of the Class I Rules in the cases of the officers whose promotion had been challenged was illegal and void.
10585 10586 of 1983 Appeals by Special leave from the Judgment and order dated the 3rd March, 1983 of the Punjab Haryana High Court in Writ Petition No.
Civil Appeal No.
10586 of 1983 is filed by S.L. Gupta, O.P. Gupta and Sumair Chand Jain.
II Service, having entered that service in 1972 in the writ petition out of which these appeals arise.
2018 of 1981 S. Nariman and P.C. Bhartari for the Appellant in CA.10585/83 P. Rao and Prem Malhotra for the Appellant in CA.10586/83.
When the Special Leave Petitions out of which these appeals arise came up for orders on March 23, 1983, a Bench of this Court companysisting of three learned Judges A.P. Sen, Venkataramiah and R.B. Misra, JJ felt that Rule 6 1 of the Class 1 Rules was prima facie number applicable to promotions made from the Class II Service to the Class I Service and, therefore, specifically raised the said question and directed the parties including the State Government to address the Court on it.
Sumair Chand Jain is stated to have died in May, 1983 after the special Leave Petition was filed.
It was, therefore, urged that the promotions of the said persons should be quashed.
The officers who filed the said petition were all holders of degrees in Engineering.
In the case of these officers, the Government of Haryana passed an order relaxing the companydition of degree qualification in public C interest The above order of promotion in so far as these persons were companycerned was questioned by eleven officers in the Class II.
Then on November 25, 1983, a Bench of two Judges P. Sen and Venkataramiah, JJ after hearing all the parties granted special leave to appeal to this Court limited to the question whether this was a case of direct recruitment to the Class I Service and therefore, whether Rule 6 a of the Class I Rules was applicable, on the assumption that if it was a promotion from the Class II Service to the Class I Service, Rule 6 a would number be applicable It should be mentioned here that this question was number argued before the High Court apparently because of the decision in O.P. Bhatia Anr.
K. Mehta, P.N. Puri, M.K. Dua and EMS Anam for Respondents in Both the Appeals.
Accordingly the writ petition was allowed quashing the impugned promotions.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The State Government and the officers whose promotions had been challenged stated that the order of relaxation was justified in the circumstances of the case and the promotions were number liable to be annulled.
Service, who were below them in the gradation list of the Class.
The said officers are L. Gupta, I.C. Dewan, S.K. Chopra, Bodh Raj, A.S. Parmar, P. Gupta, Sumair Chand Jain and G.L. Sharma.
2018 of 1981 on the file of the Punjab and Haryana High Court quashing the promotion of eight officers of the Class II Engineering Service of the Haryana Public Works Department Buildings and Roads Branch hereinafter referred to as the Class II Service as Executive Engineers in the Haryana Service of Engineers, Class I, Public Works Department Buildings and Roads Branch hereinafter referred to as the Class I Service .
in the into Class II gradation list of Service Class II Service S.L. Gupta 19.8.1969 54 I.C. Dewan 29.1.1970 68 S.K. Chopra 29.1.1970 63 Bodh Raj 14.8.1969 65 5 A S Parmar 20.2.1970 66 6 O.P. Gupta 14.8.1969 70 Sumair Chand Jain 10.4.1970 71 G.L. Sharma 9.4.
1970 72 They are all holders of diplomats in Engineering.
They do number possess a degree in Engineering.
Civil Appeal No.
Solicitor General and R. N. Poddar for the State of Haryana.
Aggrieved by the judgment of the High Court, these appeals have been filed by special leave of this Court.
They were promoted alongwith nine others from the Class II Service to the Class I Service by an order dated May 7, 1981 passed by the Haryana State Government on a temporary basis subject to approval of the Haryana Public Service Commission.
G. Bhagat, Addl.
The Judgment of the Court was delivered by VENKATARAMIAH, J. These appeals are filed against the judgment dated March 3, 1983 in Civil Writ Petition No.
10585 of 1983 is filed by A.S. Parmar, C. Dewan and S.K. Chopra.
They entered the Class II Service in accordance with the Punjab Service of Engineers, Class II, P.W.D. Buildings and Roads Branch Rules, 1965 hereinafter referred to as the Class II Rules on the dates mentioned against their names in the following table Name Date of entry S. No.
Bodh Raj and G.L. Sharma have already retired from service.
