STATE OF WEST BENGAL AND ORS. ETC. ETC. versus AGHORE NATH DEY AND ORS. ETC. ETC.

Citation: [1993] 2 S.C.R. 919 · Decided: 02-04-1993 · Supreme Court of India · Bench: J.S. VERMA · Disposal: Appeal(s) allowed

Cited by 3 judgment(s) · cites 4 · see the full citation network in Lexace

Judgment (excerpt)

STATE OF WEST BENGAL AND ORS. ETC. ETC. 
A 
v. 
AGHORE NATH DEY AND ORS. ETC. ETC. 
APRIL 2, 1993 
(J.S. VERMA, P.B. SAWANT AND N.M. KASLIWAL, JJ.) 
B 
Civil Services . 
... 
West Bengal Engi11eering Services Rules 1959: 
c 
Rules 4,9,10.11:-0verseer estimators appointed Sub Assistant En-
~ 
ginee~ter appointed temporary Assistant Engineers Oii ad hoc basis-
Claim to sernority based Oii direct recruitment as Assista11t Engineer or as 
promotee from cadre of Sub Assistant Engineer-Tenability of-l'eriod of ad 
hoc appointment whether be taken into account for sernority. 
D 
By Notification No. 94 dated 10th August, 1959 the Governor of West 
Bengal made Rules under the proviso to Artlde 309 of the Constitulion ol 
India for the regulation or recruitment to the Engineering Services under 
the.Department of Works and Buildings of the State GovemmenL 
--f 
E 
Under these Rules, recruitment to the permanent posts of Assistant 
Engineers was to be made under Rule 9, while Rule 10 governed recruit· 
ment to the temporary posts of Assistant Engineers. Rule 11 provided for 
-
emergency appointment by advertisement and interview through the State 
Public Service Commission, on the basis of a competitive examination 
conducted by the Service Commission. Accordingly, any appointment to a F 
permanent or temporary post of Assistant Engineer, which was pot made 
in accordance with Rule 9, or 10 or 11 was, therefore, not in accordance 
with these Service Rules. 
The respondents in the appeals were petitioners in the writ petitions G 
in the High Court. They were duly appointed Sub- Assistant Engineers 
>. 
who were earlier called Overseer Estimators am! though Initially diploma 
holders having obtained the prescribed degree were eligible for appoint-
ment as Assistant Engineers. They were appointed temporary Assistant 
Engineers on ad hoc basis, initially for a period of six months in the PWD 
between 1974 to 1976 and in the Irrigation and Waterways Depattment H 
919 
A 
B 
c 
D 
E 
F 
920 
SUPREME COURT REPORTS 
(1993] 2 S.C.R. 
between 1972 to 1978. They claimed seniority on the basis or their dire<:t 
recruitment to the post or Assistant Engineer, and not as promotee from 
the next below cadre or Sub·Assistant Engineers in the promotion quota 
specified for them in the Rules. Their initial ad hoc appointment was 
extended periodically upto 26.2.1980, and during .this period, several op· 
portunities were given to these persons to appear before the Public Service 
Commission to satisry the condition attached to the ad hoc appointment, 
but none or them complied with the requirement, declining throughout to 
appear before the Public Service Commission. Tue State Government 
· requested the Public Service Commission to permit regularisation or the 
services or these ad hoc appointees as Assistant Engineers, without being 
selected for regular appointment by the Public Service Commission but 
the Public Service Commission by several letters turned down that re· 
quest. Tue Government, finally iook the decision on 26th February, 1980 
to regularise these persons as Assistant Engineers, and, consequently took 
three simultaneous steps on 26-2-1980 viz. (1) the requirement in the rules 
or consultation with the Public Service Commission being dispensed .rith, 
(2) absorbtion as temporary Assistant Engineers and (3) a service rule 
under Arti~le 309 providing for senioriiy as temporary Assistant En· 
gineers with effect from the same date i.e. 26-2-1980. This statutory rule 
clearly provided, that all persons appointed regularly in accordance with 
rules, prior to 26-2-i980, as Assistant Engineers would rank above the ad 
hoc appointees so absorbed with effect rrom 26-2-1980 and the Govern· 
ment implemented this decision. 
,. 
The ~uestion before the High . Court related to the fixation or 
seniority or these Sub Assistant Engineers appointed ad hoc temporary 
Assistant E8gineers for a specified period in the PWD and the Irrigation 
. 
. 
. 
and Waterways Department, vis-a-vis the direct recruits in the cadre or 
Assistant Engineers appointed regularly according to ·rules in the depart· 
ment prior to the regularisation or the ad hoc appointees. 
The writ petitions were dismissed by a Single Judge or the High 
G Court, but the writ appeals were allowed by the Division Bench resulting 
in grant or the relier claimed by the ad hoc appointees. 
In the appeals to this Court by the State or West Bengal, and the 
adversely affected direct rec

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