BASHIR AHMAD BAWAN Vs. STATE

JUDGEMENT

(1.) BY this letters patent appeal the legality of order dated 16th of January 2003 passed by Ld. single Judge, whereby interim relief sought by the writ petitioners/appellants has been refused, is being questioned.

(2.) THE dispute in the instant case is to the seniority of Assistant Engineers between direct recruits and promotees. SRO 380 dated 6th of July 1978 provided for the appointment of Assistant Engineers from three sources in the ratio 20% direct, 60% by promotion from the degree holder Junior Engineers and 20% by promotion from diploma holder Junior Engineers. The private respondents applied for appointment in direct recruitment quota in pursuance of the advertisement issued by Public Service Commission some where in 1980. They were interviewed and were kept in waiting list whereas about 11 candidates came to be appointed direction till 1986, whereafter Government promoted 85 Junior Engineers and 24 Sectional Officers. Private respondents filed three writ petitions SWP No. 138/86, 597/87 and 742/1990 seeking a direction for their appointments. All the three writ petitions were allowed and consequently all the three private respondents came to be appointed.

(3.) THE following direction passed by this Court need be noticed, in SWP No: 597/87: