- (1.) The petitioners, who are members of the Haryana Public Works Department (Irrigation Branch) Overseers Engineering Service, seek a writ of mandamus to direct respondents 1 and 2, the State of Haryana and the Cheif Engineer, Haryana, to consider their claim for promotion to the Haryana Service of Engineers, Public Works Department (Irrigation Branch) Service Class II in accordance with the relevant provisions of the Haryana Service of Engineers Class II Public Works Department (Irrigation Branch) Rules, 1970 (hereinafter referred to as the Rules). The case being that while private respondents 3 to 75 who were junior to the one or the other petitioners, had been junior to this service and were continuing to hold such posts even though so promoted merely as a stop-gap arrangement, the claims of the petitioners for promotion thereto had not even been considered during all these years.
(2.) In the return filed on behalf of respondents 1 and 2, it was stated that though the petitioners had become eligible for promotion during years 1975-76 their names could not be considered for promotion as no vacancy had occurred during these years. It was categorically stated that there had been no vacancies in this service after 1974. A clear statement was, however, contained in the written-statement that as and when vacancies arose the names of the petitioners as also those of others eligible would be considered for promotion in accordance with rules.
(3.) As regards the promotion of respondents 3 to 75 the case set up was that during the year 1972 to 1974, when these respondents were considered for promotion, the petitioners were not eligible as they had not passed the departmental examination which was an essential qualification for such promotion and there was, therefore, no violation of Article 16 of the Constitution.;