Judgment

GOSWAMI, J.: - The petitioners in Writ Petition No. 489 of 1972 are confirmed Assistant Engineers in the Central Engineering Service (Class II). They were promoted to officiate as Executive Engineers in Class I between December 27, 1956 and September 8, 1959, by a properly constituted Departmental Promotion Committee and have been working as Executive Engineers in the Central Public Works Department of the Ministry of Works and Housing of the Government of India. Except one petitioner (namely, K. G. Chopra) all the petitioners were promoted to the grade of Executive Engineer prior to their confirmation as Assistant Engineers. The respondents 4 to 66 were initially recruited as Assistant Executive Engineers in Class 1 and were promoted to the grade of Executive Engineer between the period March 11, 1957 and February 23, 1966.

2. The appellants in Civil Appeals Nos. 1745 of 1974 and 1746 and 1747 of 1974, who were recruited directly to Class II as a result of competitive examination in which they had failed to secure requisite marks for being selected for Class 1 are also confirmed Assistant Engineers in Grade II and have been officiating as Executive Engineers in Grade I. The