P.C. Jain, J. - (1.) O .P. Gupta and 45 others (Sectional Officers) Capital Project, Chandigarh, have filed the petition under Articles 216 and 227 of the Constitution of India, praying for the issuance of an appropriate writ, order or direction quashing the impugned orders Annexures B,C and D and striking down Rule 14 of the Punjab Public Works Department (Buildings and Roads Branch) Sectional Officers (Engineering) Service (Class III) Rules, 1964 (hereinafter referred to as the new Rules) under which a condition to pass the departmental examination has been illegally imposed, prejudicially affecting the conditions of service of the Petitioners.
(2.) BRIEFLY the facts as alleged in the petition are that the Petitioners were recruited in the Subordinate Engineering Service of the erstwhile Punjab Government prior to 1st of January, 1965, and their recruitment and conditions of service were governed by the Punjab Public -Works Department (Building and Roads Branch) Subordinate Engineering Service (Recruitment and Conditions of Service) Rules, 1943 (hereinafter referred to as the old Rules) On 26th December, 1964, the old Rules were repealed by the new Rules. Rule 14 of the new Rules provided for the holding of a departmental examination for the persons appointed to the service and members of the service within three years of their appointment to the service and it was further provided that if a Sectional Officer failed to pass the examination within the prescribed period, he shall not earn his future grade increments till such time as he passes it when the increments shall be released retrospectively. It is averred that under the old Rules, there was no provision for the holding of any departmental examination of the Sectional Officers nor was any condition imposed on the earning of the grade increments and the Petitioners earned their grade increments regularly as and when the same were due according to their respective dates of entering into service. However, in pursuance of the new Rules, orders were passed and administrative decision had been taken stopping the future grade increments of the Petitioners as they had failed to pass the requisite departmental examination within three years of the commencement of the Rules. It is this decision embodied in Annexures B,C and D which has been challenged by way of this petition being unconstitutional, illegal, arbitrary, and against the principles of natural justice on the grounds stated in the petition.
(3.) WRITTEN statements has been filed on behalf of the State of Haryana, Respondent No 1 only, by the Secretary, Public Works Department, controverting the material allegations made in the petition A plea has also been raised that the Petitioners were working in the Union Territory Administration, Chandigarh and as such the Haryana State was not a necessary party;