D K JAIN C P TANEJA STATE OF HARYANA R K JAIN STATE OF HARYANA Vs. STATE OF HARYANA:R L TALWAR:STATE OF HARYANA:PRITHVI RAJ GROVER

JUDGEMENT

(1.) Leave granted.

(2.) The appeals on behalf of D. K. Jain, C. P. Taneja and other have been filed for setting aside the judgment of the High Court, dismissing the Writ Petition No. 1277 of 1988 filed on behalf of the said appellants, questioning the validity of the Order of the State Government, counting the period, while the respondents were in military service, during the proclamation of emergency, for the purpose of their seniority. The appellants have also challenged the judgment of the High Court allowing the Writ Petition No. 3184 of 1988, filed on behalf of the respondents, questioning the validity of the Punjab Service of Engineers, Class I, PWD (Public Health Branch, Haryana First Amendment Rules, 1986 (hereinafter referred to as Amending Rules). Rule 6 and Rule 9 of the Punjab Service of Engineers, Class I, PWD (Public Health Branch, 1961 were amended retrospectively with effect from 2-6-1961 by the aforesaid Amending Rules. The High Court has held that in spite of the amendments introduced in Rules 6 and 9, the respondents who were petitioners in Writ Petition No. 3184 of 1988, shall not be debarred from being considered for promotion to the posts of Superintending Engineer.

(3.) The respondents, admittedly were in military service, during the proclamation of emergency and after release from the military service they were appointed as Assistant Engineers on basis of an advertisement issued by the Haryana Public Service Commission, in the year 1969. A decision had been taken by the State of Haryana to relax the minimum qualification in favour of those ex-military personnel, who had served the nation, during the emergency, while appointing to the posts of Assistant Engineer in Haryana State Engineer Service, Class II, of Public Works Department. In respect of the respondents, not only the minimum qualification prescribed for the Assistant Engineer was relaxed but they were also given seniority, taking into account the period while they were in military service in accordance with the provisions of the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter referred to as the National Emergency Rules). The said respondents were the holders of diploma only. But in view of Rule 3(iii) of the National Emergency Rules, on basis of the certificates granted by the appointing authority that they had acquired by experience or otherwise qualifications equivalent to those prescribed for the post of Assistant Engineers, they were appointed as Assistant Engineers although being diploma-holders.