K B SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) -These three writ petitions (CW Nos. 256, 257 and 258 of 1968) have been brought by the petitioners who became members of the Delhi and Himachal Pradesh Civil Service in 1962 after passing a competitive examination. The Delhi and Himachal Pradesh Civil Service, hereinafter referred to as "the 1961 Service" was constituted in 1961 and the President, in exercise of the powers conferred by the proviso to Article 309 of the Constitution and all other powers enabling him in that behalf, made the Delhi and Himachal Pradesh Civil Service Rules, 1961, hereinafter referred to as "the 1961 Rules". The 1961 Rules were repealed by rule 37 of the Delhi, Himachal Pradesh and Andaman and Nicobar Islands Civil Service Rules, 1965, hereinafter referred to as "the DHANICS Rules". The DHANICS Rules were also made by the President in exercise of the powers conferred by the proviso to Article 309 of the Constitution and all other powers enabling him in that behalf and governed the Delhi, Himachal Pradesh and Andaman and Nicobar Islands Civil Service, hereinafter referred to as "DHANICS". The petitioners having been members of the 1961 service became, by reason of rule 17 of the DHANICS Rules, members of DHANICS by two notifications dated November 29, 1967. Their appointment to DHANICS was made in exercise of powers conferred by sub-rule (3) of rule 5 of DHANICS Rules. The aforesaid sub-rule was added by a notification dated November 3, 1966.

(2.) The petitioners have prayed that sub-rule (3) of rule 5 of the DHANICS Rules and the two notifications dated Novembr 29, 1967, appointing respondents Nos. 3 to 10 to DHANICS be quashed; the appointment of respondents Nos. 3 to 10 be declared null and void and be set aside and respondents Nos. 1 and 2 be restrained from fixing the seniority of respondents Nos. 3 to 10 over the heads of the petitioners.

(3.) The validity of sub-rule (3) of rule 5 of the DHANICS Rules is challenged on the ground that this sub-rule violates Articles 14 and 10 of the Constitution.