R L BANSAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is an instance of the classic dispute between promotees and direct recruits. The writ petitioners are Assistant Engineers in the Central Engineering Service-Class III (Gazetted Officers) in the Central Public Works Department (C. P. W. D.). Appointment to the category of Assistant Engineers' service is governed by the Central Engineering Service, Class-II Recruitment Rules, 1954 (hereinafter referred to as '1954 rules'). These rules are divided into six parts. Part I is general. It contains the interpretation clause. Part-II deals with the method of recruitment. Rules 3 to 5, relevant for our purpose occur in this part. The Rules before their amendment in 77 and 1958 read as follows:

(2.) Rule 3 thus provided for four methods of appointment namely, (a) by competitive examination held in accordance with Part III of the said rules, which means an examination conducted by the U.P.S.C. Rule 21 which occurs in Part III provides that the candidates selected under this part shall be appointed as Assistant Engineers on probation for two years and if considered fit for permanent appointment, they will be confirmed in their appointments;

(3.) Rule 4 provided that no appointment. shall be made to the service except in the manner prescribed by Rule 3. Clause (c) of Rule, however, empowers the Central Government to determine the number of candidates to be recruited by each method, among other matters.