P S MAHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition marks yet another round of litigation between two groups of Executive Engineers in Central Public Works Department of the Ministry of Works and Housing, Government of India, one group consisting of promotees from the grade of Assistant Executive Engineers and the other consisting of promotees from the grade of Assistant Engineers. The dispute between these two groups in regard to seniority has been going on for quite some time and it has created considerable discord and bitterness between these two groups which must inevitably affect the efficiency of the Service. It is really a matter of regret that the Central Government should not have been able to bring these two groups together and evolve a commonly agreed formula acceptable to both sides. We hope that our decision in this writ petition will finally ring the curtain down on this unfortunate controversy and both groups of Executive Engineers will accept the decision ungrudgingly without any rancour or resentment and whole heartedly engage themselves in the nation buildings tasks entrusted to them.

(2.) There is in the Central Public Works Department of the Ministry of Works and Housing, Government of India a Service known as Central Engineering Service (Class I). This Service comprises various grades; the highest grade is that of Engineer-in-Chief and then in descending hierarchical order are the grades of Chief Engineer, Superintending Engineer, Executive Engineer and Assistant Executive Engineer. The Central Government has made rules of recruitment to this Service known as the Central Engineering Service (Class I) Recruitment Rules, 1954 (hereinafter referred to as the 'recruitment Rules') and they are issued under SRO 1841 dated 21/05/1954. Part I of the Recruitment Rules contains the definitions and Clause (c) of R. 2 occurring in this Part defines "service" as Central Engineering Service Class I. Rules 3, 4 and 5 contained in Part II of the Recruitment Rules lay down the modes of recruitment to various grades in this Service in the following terms :

(3.) There is the any another Service in the Central Public Works Department called Central Engineering Service Class II. This Service consists only of the gread of Assistant Engineers. The rules of recruitment to the gread of Assistant Engineers are to be found in the Central Engineering Service Class II Recruitment Rules. There are two order of recruitment laid down in these Rules; one is by direct recruitment throught the same competitive examination which is held for selection of Assistant Execution Engineers, the candidates lower down in mark than those selected for the grade of Assistant Executive Engineers being selected for the grade of Assistant Engineers and the other is by process of selection from a subordinate Service called Class III Service Assistant Engineers belong to Class II Service unlike Assistant Executive Engineers who belong to Class I Service but the posts which they hold are interchangeable each of them being in charge of a sub-division and the nature of work, responsibility, powers and duties discharge by them all is identical. There is only a minor difference in the pay scales but otherwise for all practical purposes, there is no difference between them so far as their function, powers and duties are concerned.