A N SEHGAL Vs. RAJE RAM SHEORAN

JUDGEMENT

(1.) The appellants and the pro forma respondents, thirty in numbers are employed in the Punjab Service of Engineers, Class II.

(2.) The Governor, in exercise of the power under proviso to Art. 309 of the Constitution of India framed the Punjab Service of Engineers, Class I, P.W.D. (Roads and Buildings) Rules, 1960, for short 'the Rules' constituting the Punjab Service of Engineers, Class I P.W.D. (Roads and Buildings Branch). After the formation of State of Haryana w.e.f. November 1, 1966, the Rules are called Haryana Service of Engineers, Class I P.W.D. (Roads and Buildings Branch). The services consist of Asstt. Executive Engineers, Executive Engineers, Superintending Engineers, and Chief Engineers, as may be specified by the Government of Haryana from time to time (Rule 3(1). The recruitment to the service is made by the Government as per Rule 5(1); (a) by direct recruitment; (b) by transfer from any other services of the State Govt. or of the Union of India; and (c) by promotion from Haryana Engineers, Class II Service. The appellants for short 'the promotees' from Class II service were promoted as Executive Engineers by relaxing five years length of service as Class II Engineers in officiating capacity on various dates between January 6, 1969 to May 29, 1971. Three of them, namely, A. N. Sehgal, Raj Kumar and H. C. Sethi were confirmed as Executive Engineers w.e.f. July 11, 1973, December 11, 1974 and December 9, 1975 respectively. The rest are yet to be confirmed. Raje Ram Sheoran was recruited and appointed directly as Asstt. Executive Engineer w.e.f. October 25, 1971. He too was given relaxation of the length of service of five years as Asstt. Executive Engineer and was promoted as Executive Engineer on October 8, 1973. He was confirmed w.e.f. December 22, 1976. All the appellants except M. R. Gupta were further promoted as Superintending Engineers on different dates between 1980 to 1984 and Mr. Sheoran was promoted as Superintending Engineer on March 4, 1987. A. N. Sehgal was further promoted as Chief Engineer. Equally Mr.Sheoran was also promoted as Chief Engineer but the validity was challenged and it is not necessary to refer any further as it is subject-matter of proceedings in the High Court.

(3.) R. R. Sheoran who was shown junior to the appellants, filed Writ Petition No. 5371/ 81 and sought a writ of mandamus directing the second respondent, State Government to consider his case for promotion as Superintending Engineer from the date on which the respondents were promoted; to quash the gradation list; to assign the seniority over the appellants and the consequential reliefs. On reference, a Division Bench of the High Court by its judgment dated July 9, 1984 agreed with the ratio laid down in M. S. Mighlani v. State of Haryana (1983) 1 Serv LR, 421 and held that R.R. Sheoran was a member of the service from the date of his initial appointment as Asstt. Executive Engineer and the appellants and the pro forma respondents are not members of the service and directed the learned single Judge to dispose of the matter on merit. This appeal on leave arises against the judgment of the Division Bench.