- (1.) This judgment shall dispose of C.W.P. Nos. 1080 of 1980 (J.L. Gera and another v. State of Haryana etc.), 2238 of 1980 (K.C. Bansal v. State of Haryana etc.) and 8305 of 1987 (D.K. Chadha v. State of Haryana and another), in which a common question of law is involved for the determination by this Court, that is, Once an officer has been promoted by the competent authority by exercising powers under the statutory service rules after ascertaining his eligibility and suitability with proper application of mind, and that promotion having been approved later on by the Public Service Commission as a consequence whereof the officer got confirmed and promoted to the higher rank, it is still open to the successors-in-office to review and reconsider the original decision to undo the entire process by holding that the earlier decision was not in conformity with the rules or the power had not been properly exercised, and as to whether the officer having officiated in the higher rank for more than fifteen years followed by confirmation and further promotion, can be asked to step down and deprived of the benefit of his continuous officiation for the purposes of seniority and promotion.
(2.) Briefly stated, petitioners J.L. Gera and K.C. Bansal passed Diploma in Electrical Engineering and joined service as Sectional Officer on 5th/7th February, 1959, in P.W.D. (B&R Branch) in the erstwhile State of Punjab. After qualifying A.M.I.E. examination, which is considered equivalent to degree in Engineering and has been so recoginsed by the Punjab Service of Engineers and has been so recognised by the Punjab Service of Engineers Class II, P.W.D. (Buildings and Roads Branch) Rules, 1965, they were appointed as Assistant Directors (Electrical in June, 1966.
(3.) With effect form 1st November, 1966, the composite State of Punjab was reorganised and as a result thereof the petitioners were allocated to the new State of Haryana. Soon thereafter, the petitioners were declared suitable for appointment to the Punjab/Haryana Service of Engineers II P.W.D. (B & R Branch) by the State of Haryana by their order dated 19th July, 1967. Five years later, on 19th September, 1972, they were confirmed in Class II Service with effect from 11th May, 1970. In the meantime, petitioner No. 2 was promoted as officiating Executive Engineer on 22nd October/2nd November, 1971, whereas petitioner No. 1 was so promoted on 13th December, 1975. During this period, respondent Nos. 3 to 6 were also recruited to Class II Service by direct appointment on 6th January, 1970, 28th February, 1970, 8th May, 1970 and 2nd February, 1973 respectively. A tentative seniority list of members of Class II Service-promotees as well as direct recruits, was issued by the Engineer-in-Chief, Haryana P.W.D. (B & R Branch), respondent No. 2, on 13th October, 1978, inviting objections from the affected persons. Since the petitioners were placed below respondent Nos. 3 to 6, they represented against the same but the representations were rejected and final seniority list was issued on 12th March, 1980, maintaining the original position of respondent Nos. 3 to 6 higher than the petitioners. This seniority list has been challenged by the petitioners mainly on the ground, that the petitioners having been appointed to Class II Service in the joint State of Punjab, prior to 1st November, 1966, by a duly constituted Selection Committee under the Punjab Service of Engineers Class II, P.W.D. (B & R Branch) Rules, 1965, and having been confirmed in Class II Service by the State of Haryana in 1970, that is, prior to respondent Nos. 3 to 6, they could not be placed junior to the respondents.;