DIRECT RECRUIT CLASS II ENGINEERING OFFICERS' ASSOCIATION AND ORS. versus STATE OF MAHARASHTRA AND ORS.

Citation: [1990] 2 S.C.R. 900 · Decided: 02-05-1990 · Supreme Court of India · Bench: SABYASACHI MUKHERJI · Disposal: Dismissed

Cited by 25 judgment(s) · cites 12 · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
DIRECT RECRUIT CLASS II ENGINEERING OFFICERS' 
ASSOCIATION AND ORS. 
v. 
STATE OF MAHARASHTRA AND ORS. 
MAY 2, 1990 
[SABYASACHI MUKHARJI, CJ, L.M. SHARMA, 
S. RATNAVEL PANDIAN, P.B. SAWANT AND 
K. RAMASWAMY, JJ.] 
Constitution of India, 1950: Articles 14, 16 and 309-Rules relat-
e ing to seniority of Maharashtra Service of Engineers-Validity of 
Articles 32 and 226-Constructive Res judicata-Applicability of 
Labour and Services: Reorganised Bombay State Overseas and 
7 
Deputy Engineers Seniority Lists Rules 1978/Maharashtra Service 
D Engineers (Regulation of Seniority and Preparation and Re.vision of 
Seniority Lists for specified period) Rules, 1982/Executive Engineers 
and Assistant Engineers belonging to the Maharashtra Service of 
Engineers Class I and Class II (Regulation and Revision of Seniority 
Lists) Rules 1983/ 1984--Whether violative of Articles 14 and 16 of the 
Constitution of India. 
E 
' 
Seniority and promotion-Direct recruits and promotees-inter-
se seniority-To be counted from date of appointment, not confir-
mation-Ad-hoc appointment-Officiation in such post-Cannot be 
taken into account for considering seniority. 
F 
Quota rule-Absence of statutory rule-Can be prescribed by 
G 
executive instruction-To be followed strictly-Consecutive non-
adherence-Effect of 
Civil Procedure Code, 1908: Section 11, Explanation IV-Res 
judicata-Applicability to writ cases. 
The parties in these matters are Engineers in the employment of 
the States of Maharashtra and Gujarat. In 1937, Government of 
Bombay created two new Provincial Engineering Services known as the 
Bombay Engineering Service Class I consisting of posts of Chief 
Engineer, Superintending Engineers, Execµtive Engineers and Assis-
H tant Engineers Class I, and the Bombay Engineering Service Class II 
900 
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_L 
- ~ 
f 
ENGG. OFFICERS ASSCN. v. STATE OF MAHARASHTRA 
901 
having officers designated as Deputy Engineers. All the posts were 
permanent. 
In 1939, Rules were made for regulating the methods of recruit-
ment to the said services which directed the recruitment to be made 
either by nomination from amongst the students of the College of 
Engineering, Pone or by promotion of officers holding inferior posts. A 
resolution was passed on 21.11.1941 for determination of the seniority 
of the direct . recruits and the promotee officers, containing only two 
rules. Rule 2 thereof was to the effect that in case of officers promoted 
to substantive vacancies, the seniority would be determined with refer-
ence to the date of their promotion to the substantive vacancies. 
In 1960, detailed rules for recruitment to Class I and Class II 
Services were framed. In place of nomination from the successful stu-
dents of College of Engineering, Pone as direct recruits, these Rules 
prescribed for a competitive examination to be held by the Public 
Service Commission, and introduced a quota system by fixing a ratio of 
appointments of direct recruits and promotees. The Rules also made 
reference to promotion, as Executive Engineers on officiating basis, and 
temporary Deputy Engineers and officiating Deputy Engineers. By r. 8 
the posts ot Deputy Engineers were re-organised, and by sub-rule (iii) it 
was provided that the direct recruits in any year shall in a bunch be 
placed1senior to promotees confirmed during that year. A review ofthese 
Rules was later undertaken by the Government and ultimately in 
partial supersession thereof a fresh set or rules, were adopted iri 1970. 
In the meantime, however, a serious dispute in regard to the 
interpretation of one of the provisions of the 1960 Rules arose "which 
was settled by this Court in the case of P. Y . .Joshi and Others v. The 
State of Maharashtra and Others, [1970) 2 SCR 615. 
During the period 1960-70 adequate number of direct recruits 
were not available, and a large number of promotees, therefore, had to 
be appointed to officiate as Deputy Engineers on continuous basis. 
These appointments were made after following the procedure appii-
cable to regular promotions, including consultation with the Public 
Service Commission. The strength of the permanent Deputy Engineers 
was fixed at the total number of (a) the Deputy Engineers confirmed up 
to the date of commencement of the Rules, (b) direct recruits to the 
posts of Deputy Engineers appointed till the date of commencement of 
the Roles, and (c) the Deputy Engineers officiating on 30.4.1960; and it 
was_ provided that no fresh apl'Ointmen

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