ASHOK GULATI Vs. B S JAINAND

JUDGEMENT

(1.) In this appeal by special leave, the short question involved is whether respondents Nos. 1 and 2 were entitled to the, benefit of the period of service rendered by them as Temporary Engineers on an ad hoc basis in the Irrigation Branch of the Public Works Department, State of Haryana i.e. prior to their appointment as Assistant Engineers on regular basis on April 21, 1975 along with the six appellants and respondents Nos. 5-24 for purposes of reckoning their eligibility for promotion to the post of Executive Engineer under R. 6(b) read with the Explanation thereto of the Haryana Service of Engineers, Class I, Public Works Department (Irrigation Branch) Rules, 1964, as amended in 1975, ('Class I Rules' for short) as also for purposes of their seniority in the cadre of Assistant Engineers.

(2.) Facts bearing on the question are as follows. In response to an advertisement published in the Daily Tribune of February, 6, 1970 inviting applications for appointment as Temporary Engineers on an ad, hoc basis, respondent No. 1 B. S. Jain was appointed as a Temporary Engineer (ad hoc) w.e.f. January 2, 1971 for a period of six months i.e. after the coming into force of the Haryana Service of Engineers, Class II, Public Works Department (Irrigation Branch) Rules, 1970 ('Class II Rules, for short). Prior to this, respondent No. 2 S. L. Gupta was also appointed as a Temporary Engineer on an ad hoc basis w.e.f. May 19, 1969 by calling his name through the Employment Exchange i.e. subsequent to the coming into force of the Class II Rules. Their appointments were dehors the rules to meet the exigencies of service. In the letters of appointment issued to then, it was specified that their appointment was purely on an ad hoc basis for a period of six months from the date of their joining the post on a fixed salary of Rs. 400 plus allowances and their services were terminable without notice. They were specifically informed that the appointment would not entitle them to any seniority or other benefit under the service rules for the time being in force and would also not count towards increment in their salary. They were also intimated that the posts of Temporary Engineers in Class II service would be advertised in due course by the Haryana Public Service Commission and they should apply for such posts through the Commission, and that if they were not selected by the Commission, their services would be liable to be terminated without notice. Also that their inter se seniority among the Temporary Engineers would be in the order of merit in the list of candidates as settled by the Commission. The services of respondents Nos. 1 and 2 were however continued by the State Government from time to time, six months at a time, till the Secretary, Haryana Public Service Commission by his letter date July 8, 1973 addressed to the Commissioner and Secretary to the State Government of Haryana, Public Works Department (Irrigation Branch) conveyed the approval of the Commission to the ad hoc appointment of 251 Temporary Engineers beyond the period of six months till regular appointments were made to the posts through the Commission. Accordingly, both these respondents continued to hold the posts of Temporary Engineers on ad hoc basis till the end of the year 1974 i.e. till they were recruited as Assistant Engineers through the Public Service Commission on April 21, 1975 on regular basis.

(3.) It appears that in response to an advertisement issued by the Public Service Commission in October 1973, respondents Nos. 1 and 2 appeared at a competitive examination along with the appellants and respondents Nos. 5-24 and were selected by the Public Service Commission for appointment as Assistant Engineer under the Haryana Service of Engineers, Class II, Public Works Department (Irrigation Branch) Rules, 1970. In the letter of appointment issued by the Commissioner and Secretary to Government of Haryana (Irrigation and Power Department) dated January 13, 1975 it was specified that inter se seniority of Assistant Engineers would be determined on the basis of the combined merit list prepared by the Public Service Commission. In the combined merit list prepared by the Commission, respondents Nos. 1 and 2 were placed very much below the appellants and respondents Nos. 5-24 being at serial Nos. 148 and 150 respectively. It may be stated that the merit list prepared by the Commission has never been questioned before us.