STATE OF PUNJAB AND ORS. versus ARUN KUMAR AGGARWAL AND ORS.

Citation: [2007] 6 S.C.R. 8 · Decided: 04-05-2007 · Supreme Court of India · Bench: H.K. SEMA · Disposal: Disposed off

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
STATE OF PUNJAB AND ORS. 
v. 
ARUN KUMAR AGGARWAL AND ORS. 
MAY 4, 2007 
B 
[H.K. SEMA AND V.S. SIRPURKAR, JJ.] 
Service Law: 
Punjab Irrigation Department (Group-A) Service Rules, 1941: Rules 3, 
C 5 and 19. 
Promotion-SDO-Old 1941 Rules or new 2004 Rules-Applicability 
of-20 Junior Engineers diploma-holders (outstanding category) were given 
Current Duty Charge (CDC) to look after the charge ofSDOs-The CDC was 
D given under proviso to Rule 5 of the 1941 Rules, who otherwise did not 
possess the qualifications specified under Rule 3 of the said Rules-The CDC 
was subsequently withdrawn-The diploma-holders (outstanding category) 
filed various writ petitions-It was contended that a regular enquiry was 
registered by the State Vigilance Bureau for tampering/stage-managing 
outstanding reports by the Junior Engineers for getting CDC and the same 
E was still under investigation-The 1941 Rules were repealed by the 2004 
Rules-The High Court allowed the writ petitions and held that since the 
vacancies arose under the 1941 Rules, they should be filled up on the basis 
of the 1941 Rules and directed the appellant to fill up the posts under the 
Government instructions issued on various dates-The High Court fiirther 
F held that the vacancies should be filled up by following the criteria indicated 
under the instructions for determination of outstanding merit-Correctness 
of-Held: No indefeasible right has accrued to the diploma-holder Junior 
Engineers (outstanding category~ by virtue of giving Current Duty Charge 
(CDC) to the post of SDO for regularization in the post-It was purely a 
stopgap arrangement, neither based on seniori1y nor efficiency and no cause 
G of action arose by withdrawing the same-The manner in which the certificates 
of outstanding merit categories were obtained by diploma-holders is of grave 
concern-The Government has taken a conscious decision not to fill up the 
vacancy under the old Rules and that such a decision has been validly taken 
keeping in view the facts and circumstances of the case-The State Government 
r- -
H 
8 
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STA TE OF PUNJAB v. ARUN KUMAR AGGARWAL 
9 
"'! 
is directed to fill up the vacant posts in accordance with the 2004 Rules A 
within a period of three months from the date of this judgment-High Court 
judgment set aside-Punjab Irrigation Department (Group-A) Service Rules, 
2004. 
The respondents were diploma-holder Junior Engineers. 20 Junior 
Engineers diploma-holders (outstanding category) were given Current Duty B 
Charge (CDC) to look after the charge ofSDOs. The CDC was given under 
proviso to Rule 5 of the Punjab Irrigation Department (Group-A) Service Rules, 
1941, who otherwise did not possess the qualifications specified under Rule 
3 of the said Rules. The CDC was subsequently withdrawn. 
The diploma-holders (outstanding category) filed various writ petitions. C 
Many grounds were cited supporting the decision to withdraw the CDC. One 
such ground was that a regular enquiry was registered by the State Vigilance 
Bureau for tampering/stage-managing outstanding reports by the Junior 
Engineers for getting CDC and the same was still under investigation. The 
1941 Rules were repealed by the Punjab Irrigation Department (Group-A) D 
Service Rules, 2004. 
The High Court allowed the writ petitions and held that since the 
vacancies arose under the 1941 Rules, they should be filled up on the basis 
of the 1941 Rules and directed the appellant t'o fill up the posts under the 
Government instructions issued on various dates. The High Court further E 
held that the vacancies should be filled up by following the criteria indicated 
under the instructions for determination of outstanding merit. Hence the 
appeal 
The following questions arose before the Court:-
(!) Whether any indefeasible right has been accrued to the diploma- F 
holders (outstanding category) for promotion to the post of SDO by 
virtue of being given Current Duty Charge by an order dated 
21.6.2001 and whether any cause of action arose by withdrawing the 
. same by an order dated 22.06.2005? 
(2) Whether the Punjab Irrigation Department (Group-A) Service G 
Rules, 1941 or the Punjab Irrigation Department (Group-A) Service 
Rules, 2004 which became effective from 9.7.2004 will be applied for 
filling up the vacancies which arose during 2000-01 under the old 
1941 Rules for promotion to the post ofSDO (Irrigation Department-
in the State of Punjab? 
H 
10 
SUPREME COURT REPORTS 
(2007] 6 S.C.R. 
A 
Di

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