KAPILDEO BBAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners and respondent No. 4 are engineers employed in the Public Works Department of the Government of Bihar. The petitioners claim to be senior to the respondent No. 4 and have by the present writ application challenged the orders passed to the contrary.

(2.) The petitioners were appointed in the years 1954 to 1963 in the Bihar Engineering Service Class II, the details whereof are mentioned in para 4 of the writ application. They were confirmed indifferent years which will be mentioned later. The respondent No. 4 was also appointed in B.E.S. Class II by the Order in Annexure 1 dated 13.11.64 and joined on 1.10.64. Although this appointment was for six months only but he continued in service without interruption and fresh order was passed on 16.10.65 as in Annexure 2 appointing him as temporary Assistant Engineer with effect from the date of joining.

(3.) After the Chinese aggression in 1962 and attack by Pakistan in 1965, many doctors and engineers serving under the State offered their services to the defence of the country by joining the Army. It was considered expedient to make it obligatory for them to join the military if so required and, accordingly, the rules applicable to Bihar Engineering Class II were amended on 26.3.65 by insertion of a new clause to Rule 11 as mentioned in the notification annexed to Annexure 2. The respondent No. 4 joined the military service is September, 1966. According to the petitioners' case, he bad to do sounder the compulsory military scheme introduced by amendment of the rule. The respondents deny this. The respondent No. 4 returned back in September, 1970 after rendering four years of military service.