R.K. DILBAGHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Haryana Public Service Commission invited applications in the year 1969 for the posts of Assistant Engineers (Civil) in P.W.D. Public Health Branch. According to the advertisement for recruitment to the post of Assistant Engineer (Civil) the candidate should possess degree of B.E. As regards Emergency Commissioned Officers, diploma in Engineering and 5-year service as Emergency Commissioned Officer were considered equivalent qualifications. The petitioners belong to the category of Emergency Commissioned Officers. They were selected and appointed as Assistant Engineers in December, 1969. In 1976, the petitioners were promoted as Executive Engineers under the provisions of Rule 6(b) of the Punjab (Haryana Service of Engineers) Class-I P.W.D. (Public Health) Rules. The petitioners represented to the Government for grant of benefit of military service. The representation of the petitioners was accepted and they were granted benefit of military service. On the acceptance of representation, the petitioners were granted the following deemed dates of appointment as a result of grant of benefit of military service.

(2.) The petitioners were promoted as Executive Engineers on different dates. The conditions of service of the petitioners are governed by Haryana Service of Engineers Class. I P.W.D. (Public Health) Rules, 1961 (hereinafter referred to as the rules : Provisions of Rules 6 and 9 of the Haryana Service of Engineers Class-I P.W.D. (Public Health Branch) Rules, 1961, read as under : Rule-6 : Qualifications

(3.) Promotion to Class I from Class II is regulated by rule 6(b). The rules for promotion to Class I post from Class II post do not provide that the candidate for promotion should possess degree qualifications. Thus, according to the aforesaid provisions, the petitioners claim that they were entitled to be promoted as Superintending Engineers and Chief Engineers, on the basis of their seniority in the service. The Supreme Court in A.S. Parmar v. State of Haryana, 1984 1 SLR 454, while considering similar provisions of Rules 6(a) and 6(b) of the Punjab Service of Engineers Class I P.W.D. (Buildings and Roads Branch) Rules, 1960, held that for promotion from Class II to Class I post, it is not necessary that the candidate should hold degree qualifications. The language of Rules 6(a) and 6(b) of the Punjab Service of Engineers Class I P.W.D. (Buildings and Roads Branch) Rules, 1960, is substantially similar to the provisions of rules 6(b) and 9 of the Punjab Haryana Service of Engineers) Class-I P.W.D. Public Health) Rules, 1961. Vide notification dated 26.9.1986, Annexure P.1, the Governor of Haryana in pursuance of the powers conferred under Article 309 of the Constitution of India, has amended the provisions of rules 6 and 9 of the Punjab Service of Engineers, Class I, P.W.D. (Public Health) Branch Rules, 1961. According to the amendment made in rule 9 of the rules, a member of the service who does not possess one of the University degrees or other qualifications prescribed in Appendix B to these rules, shall not be eligible for promotion to the post of Superintending Engineer or above, till he has acquired the requisite qualifications. This amendment has been given retrospective effect from 2.6.1961. The amendment has been given retrospective effect for the last about 30 years. The petitioners have challenged the validity of the amended provisions of Rules 6 and 9 on the ground that State has no powers under Article 309 of the Constitution to make rules depriving the petitioners of their vested rights. The other ground for challenge is that the aforesaid amendment of the rules is arbitrary, unreasonable, capricious and discriminatory and violates the provisions of Articles 14 and 16 of the Constitution. It has also been challenged that the aforesaid amendment alters the conditions of service of the petitioners to their disadvantage without the prior approval of the Central Government as laid down in Section 82 of the Punjab Reorganisation Act. The petitioners claim that their conditions of service are protected by Section 82 of the Punjab Reorganisation Act. The State has filed written statement through Shri Dalip Singh, Deputy Secretary to Government Haryana, P.W.D. Public Health Branch, Chandigarh. The State has admitted that the representations of the petitioners was accepted and they were given the benefits of military service. The State in the written statement has admitted that the benefit of military service has been given to the petitioners because they were eligible for the same under the provisions of Punjab Government National Emergency Concession Rules, 1965. It is admitted that before the amendment Diploma Holder Members of Class II Service were entitled to be promoted to the Class I Service as under the original rules, it was not necessary that the candidate for promotion to Class I should possess degree qualifications. It is admitted by the State that by virtue of the amendment of the rules with retrospective effect, it is provided that for promotion to the post of Superintending Engineer and above the candidate must possess the degree qualifications. It is pleaded that the amendment made by the State is valid and constitutional. The written statement has also been filed by the added respondent Nos. 2 to 4. The added respondents have taken the stand that the amendment of the rules is valid and constitutional.