CHANDIGARH ADMINISTRATION ETC. ETC. versus K.K. JERATH

Citation: [1994] SUPP. 4 S.C.R. 35 · Decided: 27-09-1994 · Supreme Court of India · Bench: R.M. SAHAI · Disposal: Dismissed

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Judgment (excerpt)

CHANDIGARH ADMINISTRATION ETC. ETC. 
A 
v. 
K.K. JERATH 
SEPTEMBER Z7, 1994 
[R.M. SAHA! AND N.P. SINGH, JJ.) 
B 
Seivice Law : 
Punjab Seivice of Engineers, Class /., P. W.D. (Buildings & Roads 
Branch) Rules, 1960: 
C 
Rules 2, 3, 5, 9 & J()-f'ost of Chief Engineer under the Union Territory 
of Chandigarh-Filling up of-Superintending Engineer from Electrica~ 
Mechanical, Housin15Whether eligible to be considereli-Or Superintending 
Engineer (Civil) alone is eligible-Held : Superintending Engineer from all 
disciplines eligible subject to suitability-Filling up of the post by transfer on D 
deputation of a Superintending Engineer from Punjab-When could be 
resorted ta-Procedure to be followed-Laid down-Ruling to be prospective 
in respect of State of Punjab. 
The respondent, a graduate in Electrical Engineering was recruited E 
as Assistant Engineer in the service of the Union Territory of Chandigarh 
through Union Public Service Commission in 1968. He was promoted as 
Executive Engineer in 1976 and confirmed as such in 1985. He was further 
promoted as Superintending Engineer in 1987. 
The post of Chief Engineer and Secretary, Chandigarh Administra· F 
lion fall vacant in 1990 and the appellant wrote to the Punjab Government 
to send a panel of eligible candidates for filling up the post. A panel was 
sent, but none in the panel was found suitable. When a similar request was 
made again, the respondent filed a claim petition before the Central 
Administrative Tribunal, and the Tribunal passed an order on 8.6.90 G 
directing the appellant to consider the respondent and other eligible 
Superintending Engineers in the Union Territory cadre for the post of 
Chief Engineer In accordance with Rules. In pursuance of this direction, 
a Committee was constituted which gave its opinion that none of the Union 
Territory Superintending Engineers was elegible for promotion as Chief 
Engineer. Bringing this to the notice of the Tribunal, the appellant moved . H 
35 
36 
SUPREME COURT REPORTS (1994] SUPP. 4 S.C.R. 
A an application for permission to appoint on temporary basis an Engineer 
on deputation from outside. The respondent resisted the move claiming 
that the constitlltion of the Committee was illegal and in any case the 
Committee was not justified in rejecting his claim as he had completed 
three years of service as Superintending Engineer and was thus eligible for 
B 
c 
being considered. Tribunal passed an order directing the appellant 
to consider the respondent for the post of Chief Engineer, subject 
to suitability. This order was challenged by the appellant before this 
Court. The Tribunal was directed to dispose of the application by 30th 
April, 1991. 
The Tribunal decided the application holding that the services of 
Engineers in the Buildings & Roads Department of the Union Territory of 
Chandigarh and their promotion is regulated by the Rules; and that the 
respondent being a member of the service could not be excluded from 
consideration on the plea that he belonged to the Electrical Wing. The 
Tribunal, therefore, quashed the appointment of the deputationist and 
D directed the fresh constitution of Departmental Promotion Committee. It 
also directed that in case no one suitable was available from Chandigarh 
Administration, then only the appellant could appoint a suitable person 
on deputation purely as on ad-hoc arrangement with a clear provision that 
E 
F 
the moment the L'nion Territory cadre Superintending Engineer becomes 
available for promotion to the post, his claim would be duly considered 
for promotion. Against the said order, the Chandigarh Administration 
preferred the present appeal. The Special Leave Petition has been filed by 
the State Government. 
Dismissing the appeal and the Special Leave Petition, this Court 
HELD : 1. Since till now no rules have been framed by the appellant 
and the draft rules are still awaiting approval, the appointment and 
promotion to the post of Chief Engineer in the Union Territory of Chan-
digarh is undisputedly governed by the Punjab Service of Engineers Class 
G 
I P.W.D. (Buildings & Roads Branch) Rules, 1960. [42-C] 
2.1. To say that the post of Chief Engineer is a post in the "ing or 
cadre of Civil Engineer, \\1ould not be correct. The Engineer in the Electri-
cal or ~lechanical wing is as much a n1ember of the service as a Civil 
Engineer. Therefore, when the Rules provide that the Superintending 
H 
Engineer "·ho has put in three years of sen·icc is 

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