RANAGANATHA TRIYAMBAKARAO KULKARNI Vs. STATE OF MYSORE

JUDGEMENT

(1.) A common question of law is involved in these 12 writ petitions, and therefore, they shall stand disposed of by this order. In all these petitions, the main relief asked for is, for a writ of mandamus or any other appropriate writ or order directing respondents to extend to the petitioners all the conditions of service of Junior Engineers, including the revised seales of- pay of Rs.275-550 from 3-7-1969; the date on which the Mysore Public Works Engineering Department (Recruitment) (Amendment) Rules, 1969, came into force.

(2.) The facts are these: In the Mysore Public Works Department, there is a cadre called "the Junior Engineers". The petitioners belong to the said cadre. Among the Junior Engineers, some are allottees, who were allotted to the State of Mysore, consequent on the Reorganisation of States and some were directly recruited after 1-11-1956. Among the allottees some are holders of degree while others possess diploma in Engineering. Same also is the position amongst the direct recruits in the new State ofr Mysore. A little more background relating to the cadre and designation of the petitioners may be necessary. The Cadre and' Recruitment Rules for the Public Works Department, made under the proviso to Art.309 of the Constitution, was notified on 3-12-1960 and brought into force with effect from 1-31-1958. The said rules provided, among others, for recruitment to two categories of posts, viz., Junior Engineers and Supervisors, as follows: (1) Junior Engineer; By direct recruitment by the Public Service Commission after interview and oral test. Age: Must not be above 31 years. A pass in Civil or Mechanical Engineer. Graduation Examination of a recognised University or Diploma or Certificate "of a recognised Institute of Engineers that the candidate has passed the Part A & B of the Institution of Engineers or equivalent qualification. Probation: One year. (2) Supervisors: Direct recruitment. Age: Must not be above 29 years of age. A Diploma or Certificate in Civil or Mechanical Engineering from a School of Engineering or Polytehchnic in Mysore or extra equivalent qualifications. Probation: One year in the case of Diploma holders and two years in the case of Certificate holder. As the petitioners were diploma holders, they were directly recruited as Supervisors.

(3.) The Cadre and Recruitment Rules were amended by a Notification dt. 18-6-1969, published in the Mysore Gazette dt.3-7-1969. The following entry in place of Rule 3(4) of the Original Rules was substituted : " (i) Fifty per cent by direct recruitment from amongst persons possessing the qualifications specified at (A) in column 3. (A) (i) Should be holder or a degree in Mechanical Engineering from a University established by law in India, or should be holder of a Diploma Certificate from a recognised Institute of Engineers that he has passed Parts A & B of the Associate Membership Examination of the Institute of Engineers, or equivalent qualification. (ii) Age limit: Should not have attained the age of 33 years, (ii) Fifty per cent by direct recruitment from amongst persons possessing the qualifications specified at (B) in column 3. (B) (i) Should be holder of diploma or certificate in Civil or Mechanical Engineering from a School of Engineering or Polytechnic in Mysore State or an equivalent qualification. (ii) Age limit: Should not have attained the age of 31 years. probation; Two years. (iii) Category of posts of Supervisors, entries relating to it shall be omitted."