S. B. PATWARDHAN & OTHERS ETC. ETC. versus STATE OF MAHARASHTRA & OTHERS

Citation: [1977] 3 S.C.R. 775 · Decided: 04-05-1977 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Disposed off

Cited by 17 judgment(s) · cites 4 · see the full citation network in Lexace

Judgment (excerpt)

J 
S. B. PATWARDHAN & OTHERS ETC. ETC. 
v. 
STATE OF MAHARASHTRA & OTHERS 
May 4, 1977 
775 
[Y.V. ClfANDRACHUD, P.K. GOSWAMI AND fl. MURTAZA FAZAL ALI, JJ.] 
Service matter-Promotees and direct recruits--Rule that "the probationer 
recruited directly to the service of Engineer Class II cadre in any year shrill, in 
a bunch, be placed seni'or to promotees confirmed during that year"-Validity 
of-If quota rule applicable for necruitm·ent should be applicable at the time of 
confirn1ation in the same cadre. 
In exercise of the power conferred by s. 241 (2) (b) of the Government of 
India Act, 1935 the Governor of Bombay framed rules called Recruitment Rules 
of the Bombay Service of Engineers (Class I and Class JI 1939), Rule 2 laid 
down the method of recruitment to Class I of the Service by direct recruitment 
and by promotion from the eXisting Bombay Service of Engineers or from the 
Bombay Service of Engineers Class II. 
Rule 10 provided that recruitment to 
Class JI service shall be either by direct recruitment or by_ promotion from (i) 
the Bombay Subordinate Engineering Service (ii) permanent 
or temporary 
supen1isors and (iii) temporary engineers. 
In 1941 the Government of Bombay passed a resolution directing that in the 
case of direct recruits appointed substantively on probation, seniority should be 
determined with reference to the date of appointment on probation, while in 
the case of officers promoted to substantive vacancies, seniority should be deter-
mined with reference to the date of their promotion to the substantive vacan· 
cies provided there had been no break in their service prior to their confirma-
tion in these _vacancies. 
In 1949 the Chief Secretary to the Government of Bombay in reply to a 
representation made by the Bombay Civil Service Association regarding emer-
gency recruitment to the I.A.S. and "other matters" stated that promotees 
could have no grievance in the matter of seniority since the seniority of a 
direct recruit to the cadre of Deputy Collector vis a vls a promoted officer \Vas 
determined not according to the date of confirmation but according to the prin-
ciples laid down in the Rules of 1941, i.e., with reference to the date of first 
appointment on probation in the case of direct recruits and of continuous offi-
ciation in the case of promoted officers. 
In April 1960, a resolution embodying the rules of recruitment to Bombay 
Service of Engineers CJass I and Class II was passed by the Government and 
signed by the Under Secretary to the Government "by order and in the name 
of the Governor of Bombay". They provided for direct recruitment through 
common competitive examination conducted by the State Public Service Com-
mission for both classes of service as well as by promotion. Direct recruits 
\Vere to be confirmed after two years in their respective caders. The rules also 
provided that the ratio of appointments by nomination and promotion to both 
classes shalli as far as practicable, be 75: 25. 
Rule 8(i) says that the various 
categories which manned the Class II sub·divisional posts were being compiled 
into two lists : (i) of Bombay Service of Engineers, Class II cadre of perma-
nent Deputy Engineers and (ii) of officiating Deputy Engineers. The future 
recruitment to Class II cadre was to be made by (a) nomination of candidates 
recruited directly by competitive examination and (b) promotion from the list 
of officiating Deputy Engineers in the ratio of 2: 1. Rule 8(ii) provides that 
further officiating vacancies would be manned from the ranks 
of the 
Sub
4 
ordinate Service of Engineers. For this purpose of state-wise Select Seniority 
List was to be maintained of members of the Subordinate Service of Engineers, 
considered fit to hold sub·divisional charge. For inclusion in this list graduates, 
diploma holders and non-quaUfied persons had to have to their credit service of 
not less than 3, 8 and 13 years respectively. For confirmation as 
a Deputy 
A 
B 
c 
D 
E 
F 
G 
H 
A 
B 
c 
D 
776 
SUPREME COURT REPORTS 
[1977] 3 S.C.R. 
Engineer the officer was expected to have put in not less 
than three 
years" 
service as officiating Deputy Engineer. 
Rule 8(iii) provides that the proba. 
tioners recruited directly to the Bombay Service of Engineers, Class II cadro in 
any year shall, in a bunch, be placed senior to promotees confirmed during that 
year. 
On July 29, 1963 the Government of Maharashtra passed 
a resolution 
superseding the 1941 rules and fra

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