A.L. Bahri, J. - (1.) The dispute in this writ petition relates to fixation of seniority of Assistant Engineers under the Haryana Service of Engineers, Class II, Public Works Department (Irrigation Branch) Rules, 1970 (hereinafter called 'the Rules') interse of Junior Engineers. The petitioner challenges orders Annexures P. 5 and P. 6 and seeks direction to the respondent-State of Haryana to re-determine petitioner's seniority in accordance with the Rules aforesaid and to promote him to Class I as Executive Engineer. Recruitment to the Service is governed by Rule 6. The qualifications arc prescribed in Rule 7 and appointment by promotion under Rule 9 of the Rules ibid. Rule 6 provides the method of recruitment and reservation points. Out of 40 posts, 26 posts are to be filled up by direct appointment, 8 by promotion from O.E. S. 2 by promotion from Draftsmen and 4 by promotion for O. E. S. and the Draftsmen, members of the Draftsmen and Tracers Service possessing qualifications prescribed in Appendix 'B'. The present case is covered by the last category. Under this category of those persons who have passed A.M.I.E. (Associate Membership Examination of the Institute of the Engineers) are eligible for promotion. Their roster points are 4 out of 40 and from the first 8 posts Nil, and from the next set of 8 posts last one i. e. 16 and likewise 24, 32 and 40. The qualification for passing of the examination aforesaid for promotion from nource No. 4 is provided in Rule 7(3) (ii) of the Rules which reads as under : "7. Qualification No person shall be appointed to the Service unless he (i) xx xx xx (3) in case of appointment by promotion from source 4 under rule 6(1) (i) xx xx xx (ii) possesses any of the qualifications "included in Appendix B and has put in five years service in case he possesses A. M. I. E. qualifications and two years service in case he is a degree-holder. He will have to pass Departmental Examinations within three years of such promotion otherwise he will be reverted to his original post and his seniority will be determined from the date of his passing the examinations ; Rule 9 provides for appointment by promotion year wise and reads as under : "9. Appointment by promotion :(1) Government shall at intervals, ordinarilo not exceeding one year, consider the cases of all eligible officers ; for promotion to the Service, as on the first day of January of that year. XX XX XX"
(2.) For some time the State of Haryana was of the view that only permanent members of the feeder service were eligible for promotion to Class II Service. CWP No. 645 of 1978, Dharmesh Kumar and another v. State of Haryana and another, was decided by this Court on March 23, 1978 , holding as under : "There being nothing in the said rules to oust the applicability of rule 4. 21 above mentioned, note 3 of there-to must be given its full effect in the case of the petitioners who in our opinion therefore are as good members of the Service as those confirmed in the posts of Overseers. In the result, the petition succeeds and is accepted and the respondents are directed to consider the cases of such of petitioners for promotion under category 4 of rule 6 of the Class II rules as are eligible thereunder."
(3.) Special Leave Petition was filed in the Supreme Court against the said decision of the High Court but the same was declined. It was after the decision of the High Court that some promotions were made vide order dated December 29, 1978 (copy Annexure P. 1). The petitioner A. L. Gera was also promoted, his name being at Sr. No. 11. These promotions were subject to approval of the Haryana Public Service Commission. Vide order dated January 15, 1984 (copy Annexure P. 2), the State Government made the promotion regular yearwise under Rule 9 of the Rules. For the year 1972 five persons were placed therein who had the requisite qualification of A.M.I.E. and the experience; namely, K.K. Gupta, S.K. Khosla, D.K. Verma, A.L. Gera (petitioner), Harish Chander (Respondent and for the year 1973 K.C. Arora (respondent) and reserved category D.N. Malik (respondent) were made regular.;