HARJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has come to be filed under following circumstances.

(2.) The petitioners submit that they possessed degree in engineering from the recognised Universities. As per them, they joined the Military Engineering Service in the year 1988. They joined as Sureyor Assistant Grade-I. According to the petitioners, as per the Rules in force, they were entitled to promotion to post of Assistant Surveyor Works. It is submitted that to this post they would have become entitled to promotion after having completed a period of five years of service as Surveyor Assistant. Grade I. The grievance of the petitioners is that in the year 1994, rules were amended. One intermediatory post was created. This post is of Junior Surveyor of Works. According to the petitioners by making the amendments, their right to promotion to the post which was there at the time of joining of service has been blocked. According to them, the vacancies existed in the hierarchy of service to which they could seek promotion under the unamended rules. The requisite averments in this regard are contained in para 10 of the petition. For facility of reference, this para is reproduced as under:

(3.) The further grievance of the petitioners is that even though the vacancies existed, steps were not taken with a view to fill the vacancies. They also submit that by making amendment in the rules the right which vested with petitioners were taken away.