RAVENDER KUMAR JARHYAN Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner joined as Assistant Engineer by way of direct recruitment on 29.6.1983 on the recommendations made by the H.P. Public Service Commission. The Chief Engineer, Shah Nehar Project, Fatehpur (SNP in short), IPH has sent a communication to the Superintending Engineer, SNP Circle Fathepur on 17.1.2000. The text reads as under:

(2.) THE Secretary IPH to the Govt. of Himachal Pradesh sent a communication to the Engineer -in -Chief, H.P. IPH Department on 10.4.2000 informing him that there was one post of S.E. in Shahnehar Project and due to financial constraints, it was decided that the work relating to Design and work in the Office of Chief Engineer, Shahnehar Project shall be attended to by the incumbent of the post of SE Shahnehar Project.

(3.) THE Recruitment and Promotion Rules, 1965, for the post of Chief Engineer Class -I (Gazetted), were amended vide Notification dated 30.8.2008, whereby the post of Chief Engineer was to be filled up by promotion from amongst the Superintending Engineers (Civil) with minimum 25 years service in the gazetted rank including three years regular service or regular combined with continuous ad hoc service as Superintending Engineer (Civil), out of which 2 years essential service must be as Superintending Engineer (Design) in the zones or Superintending Engineer (Planning & Investigation) (Unit I & II) or Superintending Engineer (Works) failing which, on secondment basis from amongst the incumbents working in the identical pay scale on analogous posts in other H.P. Govt. Departments/Central Govt. with similar service conditions. The rules were further amended vide notification dated 14.9.2012, whereby Superintending Engineer was required to have minimum qualifying service of 25 years service in the gazetted rank including three years regular service or regular combined with continuous ad hoc service as Superintending Engineer (Civil), out of which 3 years essential service must be as Superintending Engineer (Design) in the projects. The rigours of Rules were diluted vide notification dated 28.3.2014.