CHIEF ENGINEER AND SECRETARY, ENGINEERING A DEPARTMENT, U.T.CHANDIGARH versus KAMLESH BABOO ETC. ETC.

Citation: [1993] 2 S.C.R. 121 · Decided: 25-02-1993 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed

Judgment (excerpt)

CHIEF ENGINEER AND SECRETARY, ENGINEERING 
A 
DEPARTMENT, U.T. CHANDIGARH 
--< 
v. 
KAMLESH BABOO ETC. ETC. 
FEBRUARY 25, 1993 
B 
(KULDIP SINGH AND N.M. KASLIWAL, JJ.] 
A_ 
Civil Se1.:.:s: 
Punjab Service of Engineers Class I (Buildings and Roads Branch) c 
Rules, 1961>-Rules 6(1), 8, 12-f'ost of Executive Engineer, Class I-Promo-
tion and Seniroity-Determination-1.1.1985 eligibility, date for promo-, 
tion--Promotion w.ej. 21.1.1986-Whether legal. 
The respondent in C.A. No.182 of 1993 joined service as Section 
'r Officer under the appellant on 8.3.1971. On 29.12.1976 he was promoted D 
to the post of Sub Divisional Engineer and was confirmed on 13.8.1985. 
With effect from 21.1.1986, the respondent was promoted as Executive 
Engineer (Civil). 
The service particulars or the respondent in C.A. No.183 or 1993 were 
E 
identical. 
The respondents approached the Central Administrative Tribunal 
'( to determine their seniority in the cadre of Executive Engineers from the 
date of eligibility, i.e. 1.1.1985 and not from 21.1.1986. 
• F 
The Tribunal allowed the applications of the respondents, against 
which the presevt appeals were filed by the Administration. 
Allowing the appeals, this Court, 
,... 
HELD: 1.01. The selection to the post of Executive Engineer was to be G 
done by following the procedure laid down under Rule 8 ofthe Punjab Service 
of Engineers, Class I (Buildings and Roads Branch) Rules 1960. Eligibility 
under Rule 6(b) of the Rules by itself does not give a right to a member of 
Class II service to be promoted to the post of Executive Engineer in Class I 
-I.,, 
service. The promotion has to be made in accordance with the procedure laid 
down under Rule 8 of the Rules. No member of Class II service can claim H 
121 
' 
122 
SUPREME COURT REPORTS 
[1993] 2 S.C.R. 
A 
promotion to the post of Executive Engineer on the ground of eligibility 
~­
alone. Unless a Class II officer has been selected in accordance with Rule 8 of 
B 
the Rules he cannot be promoted to the post of Executive Engineer. [125C-E] 
1.02. The question of assigning seniority in Class I service only arises 
after a Class II officer has been selected and appointed to the said service. 
The seniority in class I is determined under Rule 12 of the Rules, keeping 
in view the date of appointment as a result of selection under Rule 8 of the 
Rules. [125F] 
1.03. The respondents in these appeals were appointed to the post of 
C Executive Engineer, as a result of selection held under Rule 8 of the Rules, 
with effect from January 21, 1986. Their seniority has to be determined in 
Class I service keeping in view the date of their appointments as January 
21, 1986. [125F-G] 
'-.t 
1.04 The Tribunal grossly erred in directing the Chandigarh Ad-
D ministration to giVll< seniority to the Respondents from the date of their 
eligibility. The respondents can neither be given the date of appointment 
as January 1, 1985 nor their seniority fixed from that date. The directions 
of the Tribunal in this respect are patently violative of the Rules. [125G-H] 
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 182 and 
E 183 of 1993. 
F 
From the Judgment and Order dated 6.6.86 of the Central Ad-
ii\inistrative Tribunal, Chandigarh in 0.A.rr.A. Nos.49 & 102 of 1986. 
Raj Birbal for foe Appellant. 
Rajinder Sachher, Mahabir Singh and A.K. Mahajan for the Respondents. 
The Judgment of the Court was delivered by 
KULDIP SINGH, J. Kamlesh Baboo and V.K. Bhardwaj were 
G promoted as Executive Engineer (Civil) with effect from January 21, 1986 
in the Engineering Department of the Chandigarh Administration. The 
-
promotion was made on the basis of merit and suitability as determined 
)-
under the provisions of the Punjab Service of Engineers, Class I (Buildings 
and Road Branch) Rules, 1960 (Rules) as applicable to the Cnandigarh 
H Administration. Both of them approached the Central Administrative 
-
ENGG. DEPTI. v. KAMLESH BABOO [KULDIP SINGH, J.] 
123 
.Tribunal, Chandigarh Bench seeking a direction to the effect that their A 
·seniority in the cadre of Executive Engineers be determined from the date 
when they became eligible to be considered for promotion under the Rules. 
In other words, they claimed January 1, 1985 - the eligibility date - as the 
date of their promotion to the post of Executive Engineer instead of 
January 21, 1986 when they were actually promoted. The Tribunal by its B 
order dated June 6, 1986 granted the relief asked for by Kamlesh Babo

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