SATYABIR AND OTHERS Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The prayer made in this petition filed under Article 226 of the Constitution is for quashing memo dated 7.11.2005 (Annexure P-2) issued by the respondent requisitioning the names of suitable persons on deputation for filling up 15 posts of Sub Divisional Engineers (Civil) from various other government departments. The claim is based on the fact that the petitioners who have been working as Junior Engineers are eligible for appointment on the post of Sub Divisional Engineer (Civil) by direct recruitment and by promotion. It has further been prayed that a direction be issued to the respondents to fill up the vacant posts of Sub Divisional Engineers (Civil) from amongst the Junior Engineers of the respondent in HUDA preference to bringing the Sub Divisional Engineer (Civil) on deputation from other government departments.

(2.) Brief facts of the case necessary for disposal of the controversy raised in the instant petition are that the petitioners have been working as Junior Engineers with respondent-HUDA. They are degree holders having the qualifications either of Bachelor of Engineering or equivalent qualification of AMIE. They have acquired the afore-mentioned degree during their service. The service conditions of the employees working in HUDA are governed by the Haryana Urban Development Service Regulations Act, 1989 (for brevity 'the Regulations') and promotion is provided from the post of Junior Engineer (Civil) to the post of Sub Divisional Engineer (Civil). It is admitted case of the parties that according to Regulation 8 read with Appendix B of the Regulations, the quota for direct recruitment is 57% and by promotion 43%. The promotees quota is full as has been filled up to the extent of 43%. However, 31 posts falling to the share of direct recruits are vacant. The case of the petitioners is that they are working as Junior Engineers and are fully eligible and qualified to be considered for being temporarily deployed against those posts which have been advertised on 30.11.2005 on the ground that temporary charge of these posts was required to be given to the eligible persons, like the petitioners, working with HUDA. The grievance made by the petitioners is that by issuance of impugned memo dated 7.11.2005 (Annexure P- 2) such posts are sought to be filled up by bringing the degree holder Sub Divisional Engineers (Civil) from other government departments. A reference has been made to the old practice of giving Current Duty Charge of such like posts to the employees of HUDA by placing reliance on order dated 25.6.1999 (Annexure P-3). The petitioners have also made representation in that regard.

(3.) The stand of the respondents in the written statement is that out of 83 sanctioned posts of Sub Divisional Engineer (Civil), 47 posts are allocated to the share of direct recruits @ 57% quota and 36 posts on the basis of 43% quota have been allocated to the promotees. Out of 47 posts belonging to direct quota 13 posts have been filled up by direct recruitment and against 11 posts Current Duty Charge has been given to the Junior Engineers (Diploma/Degree holders) in order of their seniority. It has further been indicated that on account of administrative exigencies the direct quota posts could not be filled up which have resulted into assigning of Current Duty Charge to 11 Junior Engineers on the basis of their seniority. Accordingly, an advertisement for filling up of those 11 posts of the direct quota has been issued on 30.11.2005 (Annexure P-1) and the respondent-HUDA is also in the process of releasing the advertisement in respect of 22 more posts. It has also been asserted that in the exigency of service, the respondents have issued the impugned memo as the services of Sub Divisional Engineers (Civil) are required to execute various development works in HUDA which have been hampered due to shortage of Sub Divisional Engineers. It is in the wake of the afore-mentioned exigency of service that respondent-HUDA has invited the names for filling up 15 posts of Sub Divisional Engineers (Civil) by taking such Engineers (Degree holders) on deputation from government departments on usual terms and conditions. It has been clarified that such incumbents who are taken on deputation as temporary stop-gap arrangement are to be repatriated to their parent department as and when the direct recruitment is complete. It has also been given out in para 1 of the written statement (the preliminary objection) that such like persons are not to be permanently absorbed against the posts of Sub Divisional Engineers (Civil) in the respondent-HUDA. In the concluding portion of the preliminary objection, the respondent-HUDA has made the following assertion :