R.D. SHARMA AND OTHERS Vs. STATE OF HARYANA THROUGH THE COMMISSIONER AND SECRETARY TO GOVERNMENT, HARYANA, TRANSPORT DEPARTMENT, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) The petitioners had joined the Punjab Transport D 'Department State Service Class 3, in various ranks prior to Nov. 1,1966. There another service known as Punjab State Service Class II, which is governed by the Rules known as Punjab Transport Department (State Service Class II) Rules, 1963 (hereinafter called the Class 2 Rules). The post of Works Manager is the lowest post in the Class 2 Service. Rule 6(1) of the Class 2 Rules lays down the method of recruitment to the post of Works Manager. Rule 6 provides that Works Manager can be appointed by promotion from amongst the Motor Vehicle Inspectors having experience of working on the post for a minimum period of three years or by promotion from the post of Service Station Incharge haring experience of working on the post for a period of five years. The post of Motor Vehicle Inspector and that of Service Station Incharge are Class ID posts. Prior to 1969, Rule 9(g) of Class 2 Rules, provided that a candidate to be considered for promotion to the post of Works Manager, should be Matriculate. However, on 23rd Jan., 1969, Rule 9(g) of the Class 2 Rules, was amended and it was provided that for purposes of promotion to the post of Works Manager, a candidate should be a Diploma holder in Automobile Engineering from a recognised University or a Government recognised Institute with five years' experience in Motor Workshop. It was also provided that preference would be given to an incumbent who is also a Graduate of a recognised University.

(2.) The petitioners at the relevant time, when this amendment was brought about, were working as Head Mechanics in the Class 13 Service, from which post they were to be promoted to higher posts within Class 3 Service, i.e. as Service Station Incharge and further to the post of Foreman.

(3.) In the written statement, it has been mentioned that Service Station Incharge, Foreman and Motor Vehicle Inspector are all eligible for being considered for promotion to the post of Works Manager, which is a Class 2 post.