Decided on March 31,1954

D.S.BAJAJ Respondents


Kapur, J. - (1.) This is a defendant's appeal against an appellate decree of the Senior Subordinate Judge dated 30-7-19S3 reversing the decree of the trial Court and thus decreeing the plaintiff's suit for declaration that the plaintiff is a qualified Subordinate and qualified Engineer and for a mandatory injunction against the Union of India, for "entering the plaintiff's name in the list of temporary qualified subordinates and temporary engineers".
(2.) The plaintiff Joined the Crystal Palace School of Practical Engineering, London, in 1932 and obtained a diploma from there in 1934. On 2-1-1942 he was appointed as a Subordinate in the Central P. W. D. On 21-4-1947 the Government of India issued a memorandum which is marked as Exhibit P.5. In this document the following categories of persons were regarded as qualified subordinates: "(1) Those who have passed out of engineering institutions which have been recognised by the Chief Engineer, Central Public Works Department; (2) Those who have passed out of Engineering institutions which have been recognised by Provincial Governments in India; (3) Those who have passed out of Engineering Institutions, which are at present recognised by Provincial Governments, but were not so recognised, at the time the Subordinates who are now in Service passed out of them." and temporary subordinates who did not fall under any of the three categories were to be regarded as "unqualified subordinates". Some of them were to be retained In the depart-ment and confirmed as subordinates but were not to be eligible for promotion to higher posts and with regard to others their retention in the department was subject to their passing a departmental examination to be conducted by a Committee, and there was a third class of persons who had to be discharged in accordance with the procedure given in that document. The Union admits that the plaintiff was a qualified Engineer within this document, Ex. P.5.
(3.) The plaintiff was suspended on 3-5-1948 and he was subsequently reinstated as a Section Officer on 22-5-1951. Meanwhile on 23-9-1948 a letter, Ex. D.13, was issued by the Ministry of Works Mines and Power addressed to the Chief Engineer, Central P. W. D., that a Central Engineering Service Class II was to be constituted and "to authorise you to appoint all existing persons holding posts of 8. D. Os. * * * in the Central P. W. D. to these services and to notify their appointments in Part II of the Gazette of India. The appointments should be made on a temporary basis and until further orders and this should be stated in the Notification. The question of filling some of the posts on a permanent basis will be taken up later in consultation with the Federal Public Service Commission.";

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