RAJ KUMAR Vs. SHAKTI RAJ

JUDGEMENT

(1.) JUDGMENT :- IN SLP (C) NOS. 8221-82 AND 10357/96.

(2.) APPLICATION for intervention is allowed.

(3.) THE admitted facts are that the posts of Canal Patwaris in the Irrigation Department of the State of Haryana are Class III posts in the State service. Earlier, they were called Irrigation Booking Clerks and came to be designated as patwaris in 1981. Prior to the formation of the State of Haryana on 1/11/1996, the recruitment of Canal Patwaris was governed by the Punjab Public Works Department (Irrigation Branch) Patwaris State Service, Class III Rules, 1955 (for short, '1955 Rules') issued under proviso to Article 309 of the Constitution. Rule 2(i) defines "Apprentice Patwari" to mean a person who after passing the patwar examination is posted as a reserve against 7 Per Cent of the limiting scale of Patwaris sanctioned for a circle. Rule 4 prescribes conditions for appointment to the service. Rule 5 postulates that no person shall be accepted as a candidate patwari who is less than 18 years or more than 22 years (now 25 years) of age at the time of acceptance (proviso being not relevant, omitted). Rule 6 envisages that "No person shall be appointed to the Service unless he has passed the Matriculation or School Leaving Certificate Examination of a recognised university or its equivalent, but preference shall be given to candidates possessing higher qualifications" (proviso is not relevant, hence omitted). Rule 8 postulates that "All appointments to posts in the service shall be made by the Divisional Officers". Rule 10(a) envisages that "Appointments to the Service shall be made by direct appointment". Rule 10(b) provides that :