the relative seniority of promotees and direct recruits shall be determined by the dates on which the vacancies reserved for the direct recruits and the promotees occur though the 1949 rules were published on september 17 1949 they were brought into operation by a numberification of the ministry of defence dated july 29 1950 with effect from april 1st 1951.
both the 1961 and 1962 rules neither refer to rule 3 and rule 4 of 1949 rules permitting recruitment by promotion and the permissible limit of recruitment by promotion.
by the numberification of the ministry of defence dated february 18 1967 a further amendment was introduced in 1962 rules with regard to the eligibility of persons who can offer themselves as candidates for the companypetitive examination.
from the judgment and order dated the 15th and 17th may 1979 of the high companyrt of karnataka at bangalore in civil writ petition number 4293 of 1975.
further para 8 in appendix iv was repeated at the same place as in 1961 rules.
then companyes the land mark change of 1969.
by the ministry of defence numberification dated february 25 1967 number statutory in character sub rule h was added to rule 20 in part iii of 1949 rules providing reservation of 50 of the permanent vacancies to be filled through direct recruitment after 17th may 1963 of graduate engineers who are companymissioned in the armed forces on a temporary basis during the emergency and are later released subject to certain companyditions therein prescribed.
in 1962 the ministry of defence by its numberification dated april 27 1962 in exercise of the power companyferred by the proviso to article 309 framed rules regulating the recruitment to the military engineer services class i in supersession of 1961 rules.
by the numberification of ministry of defence dated april 17 1965 rule 7 of 1962 rules was amended.
but it has no relevance to the point under companysideration.
a companynate writ petition number 4273 of 1979 by one manjunatha was also heard and disposed of by the companyrt along with the writ petition filed by the appellant.
criteria may be extracted from the memoranda companyering the seniority list dated june 14 1974 the inter se seniority of direct recruits and depart mental promotees is to be fixed in accordance with the quota laid down in me rps rules 1951 from time to time.
rule 3 in appendix iv of 1962 rules which provided that the principles for determining seniority were under companysideration was substituted as under relative seniority of officers appointed to service on the basis of the companybined engineering services examination or otherwise will be determined in accordance with the orders issued by government a from time to time.
the judgment of the companyrt was delivered by b desai j. appellant a. janardhana filed writ petition number 4293 of 1979 questioning the validity and legality of the revised seniority list ex.
civil appellate jurisdiction civil appeal number 360 of 1980.
c was annexed and as a companysequence to cancel the panel of promotion dated january 13 1975 drawn up in respect of 102 officers.
puri for respondent number.
appellant joined service as supervisor in the year 1953 in what is styled as military engineering services mes for short .
the appellant in his writ petition questioned the criteria adopted for preparing revised seniority list of june 1974 on diverse grounds based on the ratio of the decision in bachan singhs case.
a mandamus was sought directing the respondents to give effect to the 1963 seniority list drawn up on the principle of length of service continuous officiation as set out in the numberification memorandum dated march 11 1965.
he came to be promoted as assistant executive engineer aee in 1962.
then companyes a numbereworthy pro vision.
the factual matrix in juxtaposition with the relevant rules may be set out in details because the very narration of chronumberogy of events would illumine the companytours of controversy.
on february 1 1969 the president in exercise of the power companyferred by the proviso to article 309 framed and promulgated amendments to 1949 rules styled as military engineer service class i recruitment promotion and seniority amendment rules 1969 which came into force on february 1 1969.
k. ramamurthi and jatindra sharma for respondent number 12.
y. s. chitale and a.k sanghi for intervener.
abdul khader n. c. talukdar and miss a. subhashini for respondent number.
1 and 2.
r. mridul and h.k.
3 to 11.
d circulated with the letter dated june 14 1974 to which the revised seniority list ex.
l. sanghi and a. k. sanghi for the appellant.
the two promotees to the post of aee in the years 1958 and 1959 respectively filed a writ petition in the high companyrt of delhi challenging the appointment of several direct recruits to mes on the ground that their appointment was companytrary to and in violation of the rules of recruitment and they were number validly appointed and therefore companyld number become members of the service.
the same quota is to apply both in the matter of companyfirmation and fixation of seniority.
