MAST RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners were appointed as Junior Engineers on as hoc basis on diffident dates. Petitioners 1, 2, 7 and 8 were regularised w.e.f. 1.11.1986. Petitioners No. 3,6 and 9 were regularised on 30.9.1988 and petitioners No. 4 and 5 were regularised on 31.12.1990. To govern the service conditions of Sub Divisional Officers, there were no statutory rules. However, in consultation with the Public Service Commission, a decision had been taken that 33% of posts of Sub Divisional Officers shall be filled up by direct recruitment and 67% posts shall be filled up by way of promotion from Junior Engineers or by transfer or by deputation. The statutory rules were notified on 16.2.1999. Under the said rules, for recruitment to the post of Sub Divisional Engineer percentage was prescribed that out of 50% to be promoted, 32% posts would go to Junior Engineers (Diploma Holder), 6% to the Circle Head Draftsman (Civil), Draftsman (Civil) and Tracers (Civil) (Diploma Holder) and 12% by promotion from amongst the Junior Engineers (Degree Holder/A.M.I.E.), Draftsman Civil and or Tracers (Civil Degree Holder/A.M.I.E.).

(2.) According to the learned Counsel, when the new rules came into force, total cadre strength of Sub Divisional Officer was 110, out of which 12 were permanent posts and 98 were temporary posts. Since then there is no increase in the cadre strength, 12% quota of Degree/A.M.I.E. holders from amongst the Junior Engineers/Head Draftsman/Draftsman/Tracers have been introduced first time as per new rules. Similarly, 6% quota had been prescribed for the first time by the new rules for Head Draft sman/Draftsman /Tracers. The grievance of the petitioners is that new rules could only prescribe the quota for the posts that fell vacant after the new rules came into force and the for posts that were available before the new rules were notified the earlier conditions must continue. It is asserted that all the years the posts that remained vacant are being filled up by applying the new rules. Challenging the same to be illegal, present will petition has been filed.

(3.) The writ petition has been contested only by respondents No. 1 and 2. It is admitted that there were no service rules governing the service conditions of Sub Divisional Officer, Panchayati Raj before 1.6.1988. Vide letter dated 1.6.1988, Haryana Public Service Commission approved to fill up the posts of Sub Divisional Officer (Panchayati Raj). 67% posts were to be filled up by promotion and 33% of posts by direct recruitment. However, with a view to provide avenues of promotion to the Junior Engineers having qualification of Bachelor of Engineering/AMIE and draftsman, a provision which also existed in the rules of Public Works Department was incorporated. Following percentage was fixed for different categories : -