P. K. Goswami, J. - (1.) This appeal by special leave is directed against the judgment of the Full Bench of the High Court of Delhi whereby the writ petition of the first twelve respondents was partly allowed.
(2.) The appellant, who joined service in the cadre of Assistant Engineers in the Central Engineering Service, Class II (Gazetted), was respondent No. 51 in the High Court. Other respondents in the High Court in similar position as that of the appellant have been impleaded here as respondents (16 to 110) and they are supporting the appellant through their counsel Mr. S. T. Desai. For the sake of convenience the appellant and the respondents 16 to 110 will be described herein below as direct recruits in the Class II Service. The Union of India, Engineer-in-Chief, C. P. W. D., and the Union Public Service Commission are respectively respondent Nos. 13, 14 and 15 and are represented by Mr. Gobind Das.
(3.) The respondents 1 to 12 (hereinafter to be referred to as the respondents) preferred an application in the High Court under Article 226 of the Constitution on 16th February, 1970, praying for certain reliefs which the High Court has summarised under the following four heads: (1) That the confirmation of the direct recruits should be held as illegal. (2) That the respondents and other persons who are similarly situated like them and who had joined the service earlier should be directed to be confirmed first according to the dates of their joining the service as Assistant Engineers after giving weightage in preference to the direct recruits. (3) That the appointment of 38 specified direct recruits should be held as illegal. (4) That the respondents (13 to 15 herein) should be directed to revise the classified list published in 1968. The High Court has also noted that the respondents did not seek to disturb the appointments of the direct recruits already made and that their main contention was that they were entitled to be confirmed before those of the direct recruits who were appointed subsequent to them.;