The Collector negatived the objections filed by the first respondent and on 22nd June, 1989 published a final gradation list of Deputy Engineers Assistant Engineers Assistant Surveyors of Works Civil .
Jacob Yahannan or J.M. Lad to the Post of Executive Engineer and the post number filled to any manner even by making a direct recruitment.
Undisputedly therefore, the first respondent is shown senior to Jacob Yahannan and J.M. Lad.
Being aggrieved by the final gradation list, the first respondent filed O.A. No.558 of 1989 in the Central Administrative Tribunal, Bombay Bench, Bombay for short CAT, Bombay praying therein that the said gradation list be quashed set aside Being null and void and further number to companysider or a point Sh.
The above record of services of the first respondent and other similarly situated officers if companysidered in the companytext of the Rules of 1968 relating to the recruitment to the post of Deputy Engineer, it would be clear that the post Deputy Engineer was treated for all practical purposes during these years as equivalent to that of the Assistant Engineer and Assistant Surveyor of Works Civil and was interchangeable.
How these Rules were understood and what was the practice followed in the P.W.D. in Dadra and Nagar Havali Administration is clear from the material produced on record Annexure A to Civil Appeal No.256 of 1993 sets out details relating to the posting of the fist respondent H.P. Vora.
The facts set out in Civil Appeal No.
namely, I.I. and From February, 1986 till January, 1990, he was working as A.S.W., Irrigation Division.
According to the first recruitment.
558 of 1989 filed by H.P. Vora, the first respondent in both the appeals.
Due to service exigencies, posts of Assistant Engineers and Assistant Surveyors of Works Civil were created from time to time and the feeder source thereof was from the Sectional Officers.
They are required to be companystrued and interpreted in the companytext of expansion of the cadre of Deputy Engineer.
He was the incharge of both.
J.M. Lad is the third respondent in Civil Appeal No.1689 of 1993.
The nature of work of these three posts may be to some extent different but they all along treated as companynected with the P.W.D. Department.
WITH CIVIL APPEAL NO.
1689 OF 1993 J U D G M E N T P. KURDUKAR, J. These two appeals by Special Leave arise out of the judgment and order dated 10th April, 1992 passed by Central Administrative Tribunal.
The first respondent filed representation against the said gradation list alleging that Assistant Engineers Assistant Surveyors of Works Civil companyld number have been bracketed along with the Deputy Engineers since they did number belong to the cadre of Deputy Engineers.
Form July 1982 till July 1986.
The service card of P. Vora maintained in form 25 B is at Annexure B to Civil Appeal No.256 of 1993.
256 of 1989 and J.M. Lad have been placed at serial Nos.6 and 7 respectively.
Civil Appeal No.
Annexure D sets out details of various other officers who worded as Assistant Surveyors of Works in PWD Civil .
1974 till March, 1975 he was posted as Assistant Surveyor of Works ASW and was again transferred as Deputy Engineer in BDO Office in 1976, July, 1976 to June 16, 1997 worked as a Deputy Engineer MII, from 27th December.
This card indicates that he was working as Assistant Surveyor of Works with effect from Ist April, 1974.
1978 to 5th February, 1979 and 16th May, 1979 to 31st May, 1979, he held the post of Assistant Surveyor of Works Civil .
256 of 1689 of 19932 is filed by the Administrator and the Collector, Dadra and Nagar Haveli, Silvassa.
From 4th October, 1972 to July 1974, he worked as Deputy Engineer O.S.R.C. From April.
So is the service record of jacod Yahanna who held the post of Assistant Surveyor of Works Civil from 8th April, 1982 to 29th September, 1982 and from 29th September, 1982 onwards as Deputy Engineer.
1689 of 1993 are as under The Collector, Dadra and Nagar Haveli on 26th March.
The pay scale of all these posts remained identical and they were interchangeable.
These Rules were framed in 1968.
Bombay Bench, Bombay in O.A. No.
