SUDHIR KUMAR ATREY Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) Both the above appeals, although have been decided by separate judgment by the High Court of Delhi and the Punjab and Haryana High Court, but since the self-same question is being raised in the instant appeals, hence are being decided by the present judgment.

(3.) The undisputed facts in brief relevant for the purpose are that headed by the Engineer-in-Chief since its inception, the Military Engineering Service for administrative purposes was bifurcated into five Commands being the Eastern, Western, Northern, Southern and the Central Command with an officer of the rank of Chief Engineer being the administrative head and controller of each Command. There existed a separate cadre of Superintendents for buildings and roads and a separate cadre for electrical and mechanical equipment having the posts of Superintendent (B/R) Grade II and Grade I as also Superintendent (E/M) Grade II and Grade I. The service conditions are governed by the Military Engineering Service (NonIndustrial Class III and IV Posts) Rules, 1971 (hereinafter being referred to as "1971 Rules").