- (1.) The petitioners are Sub Divisional Officers of Irrigation Department, Haryana. They have challenged the constitutionally of Rules 6(2), 6(3) and 7(3)(ii) of the Haryana Services of Engineers Class II Public Works Department (Irrigation Branch) Rules, 1970, on the ground that the petitioners who are A.M.I.E. qualified, which qualification is equivalent to Degree in Engineering, are not being treated at par with the degree-holders for the purpose of promotion to the post of Executive Engineer in Haryana Service of Engineers Class I, and for that reason the aforesaid Rules, which provide for separate classification for them as distinct from the degree-holders are violative of Articles 14 and 16 of the Constitution of India.
(2.) We have closely scrutinised the provisions of the aforesaid Rules and, after hearing the learned counsel at length, find that Rule 6 which provides for recruitment to Class II service of Engineers and rules 7(1) and 7(3) which provide for method of recruitment and prescribe qualifications-academic as well as minimum experience - have rightly classified degree-holders, overseers with Diploma in Engineering and A.M.I.E. qualification, and overseers and draftsmen with diploma qualification for the purpose of promotion. Merely by providing that a direct recruit having degree in Engineering with two years' service shall be eligible for promotion whereas an overseer with diploma in Engineering as also with A.M.I.E. qualification, shall be eligible for promotion after five years' service, the Rule does not in any way become arbitrary or discriminatory. It is a case of reasonable classification and not of discrimination. No ground to interfere.;