- (1.) The petitioners who were working as Executive Engineers in the Public Works Department (B&R), Haryana, through this petition under Articles 226/227 of the Constitution of India have prayed for partially quashing order dated 21.3.1988 (copy of which is annexure P-1) vide which the petitioners have been denied the arrears of pay etc. on account of their promotions with retrospective effect.
(2.) The brief facts of the case which led to the filling of the petition are that the petitioners are released Emergency Commissioned Officers and were selected to the Service of Engineers Class-II, PWD (B&R), Haryana, against the vacancies reserved for Commissioned Officers in the year 1971. The petitioners claimed benefits of military service for the purpose of seniority and other benefits of pay in accordance with the Punjab Government National Emergency (Concession) Rules, 1965 as applicable to the State of Haryana, as the petitioners were appointed against the vacancies reserved for Ex-Emergency Commissioned Officers/Ex-Servicemen. However, this concession was not granted to the petitioners. They filed CWP No. 2065 of 1976 in the Punjab and Haryana High Court claiming benefit under Punjab Government National Emergency (Concession) Rules, 1965 . The writ petition was dismissed by the Division Bench of this Court. Mr. M.S. Sisodiya petitioner No. 2 along with others filed Civil Appeal No. 3095 of 1980 against the judgment of this Court before the Supreme Court of India. Some of the Ex-Emergnecy Commissioned Officers who were not the petitioners before this Court filed CWP No. 6436-37 of 1980 in the Supreme Court of India. The writ petition and the appeal were allowed by the Supreme Court on 26.4.1984 and the notification vide which the petitioners were alleged to have been denied the benefit of service rendered in the Army was quashed and direction was given to fix the seniority afresh by taking into consideration the military service rendered by the petitioners as well as the appellants. Though the Supreme Court had allowed the writ petition but the respondents filed a review petition in the Supreme Court for review of order dated 29.7.1985. The Supreme Court issued a direction that credit will be given for military service alone upto the lifting of the Emergency and not the entire military service. The respondents in compliance with the Supreme Court judgment revised the seniority list of Class-II Engineers fixing seniority of the petitioners by giving benefit of military service to them. Vide order dated 10.4.1986 a revised seniority list was prepared and circulated on 1.10.1986. Even after the decision of the Supreme Court, the Respondent-State amended Rule 6 of the Service of Engineers Class-I PWD (B&R) Rules, 1969 (hereinafter referred to as the Class-I Rules) with retrospective effect vide notification issued on 14.1.1985. By the amendment a degree in Engineering was made prerequisite condition for appointment as Class-I Engineer even then the persons who were to be promoted Class-I Engineers. Shri. B.M. Sharma petitioner No. 1 again filed CWP No. 623 of 1987 challenging the amendment of Rule 6 of Class-I Rules on the basis of which the petitioners were not being promoted as Executive Engineers Class-I Service. The said writ petition was allowed by the Division Bench of this Court & the amendment was held to be ultra vires. A direction was issued to the respondents to consider the case of the eligible Officer for promotion within six months. The respondents State in pursuance of the decision rendered in CWP 623 of 1987, promoted the petitioner as Executive Engineers from the year 1975-1979, vide order dated 21.3.1988 but the petitioners were not granted arrears of payment on the plea that the petitioners had not actually worked as Executive Engineers from their anti-dated promotions and therefore were not entitled to arrears.
(3.) I have considered the submissions made at the Bar and perused the paper-book.;