S.S. BOLA AND ORS. ETC. versus B.D. SARDANA AND ORS. ETC.

Citation: [1997] SUPP. 2 S.C.R. 507 · Decided: 11-07-1997 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Disposed off

cites 21 · see the full citation network in Lexace

Judgment (excerpt)

S.S. BOLA AND ORS. ETC. 
A 
,.. 
v. 
B.D. SARDANA AND ORS. ETC. 
JULY 11, 1997 
(K. RAMASWAMY, S. SAGHIR AHMAD 
B 
AND G.B. PATTANAIK, JJ.] 
Constitution of India, 1950 : 
A1ticles 245, 246 and 309, Seventh Schedule, List II, Ently 41-State c 
Legislature-Power to enact laws rendering judicial decisions ineffec-
tive-Held, Legislature is empowered to render a judicial decisio11 i11effective 
by enacting valid law within its legislative field fu11dame11tally altering or 
changing the basis upon which the judicial decision was given-But Legisla-
ture in exercise of its powers under Altic/es 245 and 246 ca11 not merely 
declare a decision of a coult of law to be invalid or to be inopera- D 
tive-Haryana Se1Vice of Engineers Class-I, Public Works Depaltment (Build-
ings and Roads Branch, Public Health Branch and lnigation Branch) Act, 
1995 is valid except a pa1t of s. 25 thereof-Besides, the Act is not a validation 
Act since the Coult in the earlier decisions, had not invalidated any provision 
• 
but merely inte1preted the relevant provisions of the Rules-Validation 
Act-Constitution of India-Alticles 32, 226-Judicial Review-Administra-
E 
tive Law. 
Se1vice Law : 
Ha1yana Se1vice of Engineers Class I Public Works Depa1tment (Build-
F 
ings and Roads Branch), (Public Health Branch) and (Inigation Branch) 
Respectively Act, 1995--ss. 5(2), 2(12)(c) a11d 12(2~Harya11a Se1Vice of 
Engineers Class I Public Works Depwtme11t-Promotio11 tO--Criteria for 
promotion of direct recmits and promotees-Retrmpective operatio11 to the 
Act-Held, valid-To have a palticular position in seniodty list in a cadre is 
not a11 accmed or vested right-Losing some steps in se11iority list withi11 a G 
cadre and future chances of promotion getting delayed thereby is not reduction 
___.., 
in rank-State Govemment to prepare seniority list afresh in accordance with 
the Act. 
s. 25-Repealing provision-&.pressio11 'to the extent that these Rules 
shall conti11ue to apply to the persons, who were members of the se1vice before H 
507 
508 
SUPREME COURT REPORTS (1997] SUPP. 2 S.C.R. 
A 1st day of November, 1966' is invalid and is strnck dowit-Remaining part of 
the section and the proviso will remain operative-f'unjab service of En-
gineers, Class-I, Public Works Department (Roads & Building Branch) Rules, 
1960, Punjab Service of Engineers Class-I Public Works Department (Public 
Health Branch) Rules, 1961 and the Punjab Service of Engineers Class-I 
Public Works Department (Irrigation Branch) Rules, 1964. 
B 
Interpretation of Statutes : 
Statement of Objects and Reasons of a statute-Held, is to be looked 
into as an extrinsic aid to find out legislative intent when meaning of statute 
C by its ordinary language is obscure or ambiguous and not when words of 
statute are clear and unambiguous. 
Principle of casus omissus-Applicability of 
In the State of Haryana, on its formation on 1.11.1986, the servii;es of 
D Class I Engineers in three Branches of Public Works Department, namely, 
Roads and Buildings Branch, Public Health Branch, and Irrigation Branch, 
were regulated by the Punjab Service of Engineers, Class I Public Works 
Department (Roads and Buildings Branch) Rules, 1960, the Punjab Service 
of Engineers Class I Public Works Department (Public Health Branch) 
Rules, 1961, and the Punjab Service of Engineers, Class I Public Works 
E Department (Irrigation Branch) Rules, 1964, respectively. Class I service of 
Engineers consisted of Executive Engineers, Superintending Engiueers, 
Chief Engineer and later Engineer-in- Chief also in the respective branches. 
Assistant Executive Engineers and posts of Class II Subordinate Service 
both were feeder channels for appointment by promotion as Executive 
F Engineers, the former being direct recruits and the latter were promotees 
from the Subordinate Service. In the Roads and Buildings Branch and the 
Public Health Branch 50% posts in Class I service were filled by promotees 
and 50% posts by direct recruit Assistant Executive Engineers. But as 
regards the Irrigation Branch till 8 years of framing of the Rules 75% posts 
G were filled by promotees and 25% by direct recruits and thereafter the posts 
were to be filled by both the cadres in equal proportion i.e. 50% each. To 
begin with, 14 officers of the erstwhile Punjab Cadre of Engineers were 
brought in the State of Haryana in Public Health Branch and since the 
cadre strength of Haryana was 10, four of them were adjusted against 
ex-cadre posts.

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