Judgment

SARKARIA, J. :- This appeal by special leave by the State is directed against the judgment and order, dated November 24, 1970, of the High Court of Gujarat allowing a writ petition of (1) C. G. Desai, (2) B. L. Joshi, and (3) H. N. Shah filed under Article 226 of the Constitution. The material facts are not in dispute and may not be stated:

Respondent No. 1 herein (original petitioner No. 1) was officiating as Deputy Engineer since May 16, 1955, in the P.W.D. Department of the then State of Bombay and he continued in service as such until on December 3, 1959, he was selected and appointed as a result of the competitive examination held by the Public Service Commission, to a post in B.S.E. Class II Service. Under the Engineering Service Rules, 1960 (hereinafter called 1960 Rules), a direct recruit is required to undergo training for a period not exceeding one year and thereafter to work on probation as in-charge of a Sub-Division for a further period of one year. Since Respondent No. 1 had already worked as officiating Deputy Engineer, the initial period of one year s training in his case was dispensed with and he was directly placed in-charge of a Sub-Division. On completion