M RAMAYYA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition originally came up for hearing before one of us (Jagjit Singh J.), and by his cider. dated 12th November, 1970, it was referred to a larger Bench. Subsequently, the writ petition came up for hearing before a Division Bench consisting of Hardayal Hardy J. (as his Lordship then was) and M. R. A. Ansari J. The Division Beach considered that in view of the general importance of the matters involved in the case, it should be decked by a still larger Bench, and passed an order according on 15th March, 1971. It is thus that this writ petition has been posted before us for bearing.

(2.) The writ petition was filed on 16th February, 1970. The petitioners are twelve in number. Petitioner No. I graduated in Civil Engineering. The other petitoners also possess similar qualifications viz., an' Engineering Degree or an equivalent thereof. They were all initially appointed on different dates as temporary Section Officer in the Central Public Works Department (hereinafter referred to as the C.P.W.D.) in the Subordinate engineering Service, .Class III (non-gazetted). They were subsequently appointed on various dates between 18th October 1958, and 9th January, 1963, to "officiate temporarily and until farther orders" as Assistant Engineers in the Central Engineering Service, Class II (Gazetted). A copy of the Gazette Notification regarding the appointment of petitioner No. 1 has been filed as Annexure 'A', and it is common ground that similar notifications with identical wording were issued regarding the appointments of the other petitioners also.

(3.) There are 99 respondents to the writ petition. Respondent No. 1 is the Union of India through the Secretary, Ministry of Health and Family Planning and Works, Housing and Urban Development (formerly the Ministry of Works, Housing and Supply). Respondent No. 2 is the Engineer-in-Chief, C.P.W.D. Respondent No. 3 is the Union Public Service Commission (hereinafter referred to as the "U.P.S.C.") through its Secretary. Each of the respondents Nos. 4 to 61 possesses a Degree in Engineering or an equivalent thereof, and they were directly recruited as temporary Assistant Engineers in the Central Engineering Service, Class II (Gazetted), on different dates between 12th May, 1961, and 13th December, 1967 (vide Annexure F) by competitive examination in India held by the U.P.S.C. Each of the respondents Nos. 62 to 99 also possesses a Degree in Engineering or an equivalent thereof, and they were also directly recruited as temporary Assistant Engineers in the Central Engineering Service, Class II, on different dates between 2nd November, 1964, and 7th November, 1967 (vide. Annexure 'F'), but without any competitive examination.