ASHOK GULATI & ORS. versus B.S. JAIN & ORS.

Citation: [1987] 1 S.C.R. 603 · Decided: 17-12-1986 · Supreme Court of India · Bench: A.P. SEN · Disposal: Appeal(s) allowed

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Judgment (excerpt)

ASH OK GULA TI & ORS. 
v. 
B.S. JAIN & ORS. 
DECEMBER 17, 1986 
[A.P. SEN AND S. NATARAJAN, JJ.] 
Jurisdiction of High Court urtder Article 226 of the Constitution-
-+ When the impugned order itself is for a temporary period of six months 
and subject to the rights of others, propriety of the issuance" of Rule Nisi 
and making it absolute after years, at the instance of an aggrieved party. 
A 
B 
c 
Temporary Service on ad hoc basis-and dehors the rules, counting 
.;l of,-Whether such service rendered by the Asst. Engineers would count 
for the purpose• of seniority in the cadre of Asst. Engineers and also for 
+ the purposes of promotion to Class I Executive Engineers-Haryana 
Service of Engineers Class II Public Works Department (Irrigation 
Branch) Rules, 1964 and Haryana Service -of Engineers Class I Public D 
Works Department (Irrigation Branch) Rules, 1964 as amended in 1975 
Rules 2(5), 6(b), 15 and22, scope of 
· 
· 
Words and Phrases-Meaning of "Prescribed" in Rule 15 
whether there was relaxation of rule-If so, whether such a relaxation is 
discriminatory and violative of Articles 14and16 of the Constitution. 
E 
Haryana Service of Engineers, Class II, Public Works Depart-
ment (Irrigation Branch) Rules relating to recruitment etc. of Asst. 
Engineery and Haryana Service of Engineers Class I, Public Works 
Department (Irrigation Branch) relating to Executive Engineers came 
into force in 1970 and 1964 respedively. Respondent No. 2, B.L. Gupta 
F 
and Respondents Nos. B.S. Jain were appointed as temp0rary engineers 
(ad-hoc) with effect from 19.5.1969 and 2.1.1971 respectively, the 
former sponsored by the Employment Exchange and the latter with 
reference to an advertisement in the newspapers. Their appointments 
were de hors the said Class II Rules to meet the exigencies of service. In 
the letters of appointment issued to them it was specified (i) that their G 
appointment was purely on an ad-hoc basis for a period of six months 
from the date of their joining the post on a fixed salary of Rs.400 plus 
allowances. and their services were terminable without notiee; (ii) that 
the appointment would not entitle them to any seniority or other '1enefit 
under the service rules for the time being in lorce and would also not 
count towards increment in their salary; (iii) that the posts of Tempor-
H 
603 
604 
SUPREME COURT REPORTS 
[1987] l S.C.R. 
A ary Engineers in Class II service would be advertised in the course by .J 
the Haryana Public Service Commission and they should apply for such 
• posts through the Commission, and that if they were not selected by the 
Commission, their services would be liable to be. terminated without 
notice; and (iv) that their inter-se seniority among the Temporary 
Engineers woold be in the 0rder of merit in the list of candidates as 
B settled by the Commission. The services of respondents Nos. l and 2 
were however continued by the State Government from time to time, six 
months at a time till the Secretary, Haryana Public Service Commission 
by his letter dated July 8, 1973 addressed to the Commissioner and 
Secretary to the State Government of Haryana, Public Works Depart-
ment (Irrigation Branch) conveyed the approval of the Commission to 
C the ad-hoc appointment of 251 Temporary Engineers beyond the period .A 
of six months till regular appointments were made to the posts through 
the Commission. Accordingly both these respondents continued to hold 
the posts of Temporary Engineers· on. ad-hoc basis till the end of the 
year 1974 i.e. till they were recruited as Asst. Engineers through the 
Public Service Commission on April 21, 1975 on regular basis. In the 
D letter of appointment issued by the Commissioner and Secretary to 
Government of Haryana (Irrigation & Power Department) dated 
January 13, 1975 it was specified again that inter-se seniority of Asst. 
Engineers would be determined on the basis of the combined merit list 
prepared hy the Public Service Commission. In the combined merit list 
prepared by the Commission, respondents Nos. I and 2 were placed 
E very much below the appellants and respondents Nos. 5-24 being at 
serial Nos. 148 and 150 respectively, 
The State Government of Haryana by order dated December 20, 
1978 promoted 62 Asst. Engineers including the appellants and respon-
dent Nos. 5-24 as Executive Engineers on a purely ad-hoc basis for a 
F · period of six months subject to certain terms and 'conditions, namely; (i) 
the promotions were sub

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