Natarajan, J. - (1.) This Civil Miscellaneous Petition has been filed with a prayer for appropriate directions being issued to the State of Haryana as under(a) Issue appropriate directions to the respondents Nos. 1 and 2 to implement the judgment and order dated 17-12-86 and carry out the directions issued by way of writ of mandamus as prayed to this Hon'ble Court in its full spirit giving effect to the promotion orders dated 30-12-87, from back dates (deemed dates) or the dates when their Juniours were promoted. (b) Further issue suitable directions to the Respondents Nos. 1 and 2 to allow other consequential benefits viz. fixation of pay from deemed. dates, payment of arrears, pension and gratuity benefits to all officers figuring in list dated 27-10-85 irrespective of their retirement prior to the order of promotions dated 30-12-87 pronouncement. (c) Give effective relief to the petitioner Shri Mohinder Singh Kundu in full, irrespective of his retirement. (d) Any other suitable orders or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances set out in the present petition.
(2.) To understand the grievance of the petitioners, it is necessary to set out the background material and the pronouncements made in T.R. Kapoor v. State of Haryana, (1987) 1 SCR 584 and Ashok Gulati v. B.S. Jain, (1987) 1 SCR 603 in favour of the petitioners.
(3.) The petitioners who are Diploma holders initially joined the Class III Engineering Service of the Punjab State in the early fifties and were promoted to Class II service as officiating S.D.Os in the middle sixties and in the case of some of them the said temporary promotion was even earlier. By a Notification dated 27-10-1985 the petitioners and other similarly situated persons were regularly constituted as Class II service officers with effect from 25-12-1970. Further avenues of promotion to them were barred because the State Government construed the Service Rules to mean that without a degree in Engineering, a Class II officer cannot be promoted to Class I service. The said interpretation of the Service Rules was disapproved by this Court in A.S. Parmar v. State of Haryana, (1984) 2 SCR 476. By reason of that judgment, it followed that a degree in Engineering was not an essential per-requisite for a member of Class II service being promoted to the Class I Service.;