Judgment

VARADARAJAN, J.:- The petitioners in these two writ petitions, filed under Article 32 of the Constitution, are Junior Engineers of the first respondent, Municipal Corporation of Delhi. W. P. No. 221 of 1979 has been filed by Diploma-holders amongst the Junior Engineers for the issue of writ of mandamus or other appropriate writ to :

(1) Restrain respondent 1 from recruiting Assistant Engineers directly and filling up the posts of Assistant Engineers;

(2) Direct respondent 1 to give effect to the recommendations of the Third Pay Commission regarding the rules and policy of promotion etc.;

(3) Quash the seniority list (Annexure G) prepared by respondent 1;

(4) Direct respondent 1 to reckon the seniority of the petitioners with their length of service; and

(5) Direct respondent 1 not to affect in any manner all those holding ad hoc charge and current duty charge.

W. P. No. 1194 of 1979 has been filed by Graduate junior Engineers as well as Graduate Junior Engineers selected for appointment directly as Assistant Engineers for the issue of a writ of mandamus, certiorari or any other appropriate writ to :

(1) Direct respondent 1 to fill up eight posts of Assistant Engineers amongst those in the Select Panel;

(2) Quash Office Order dated 10-4-1978 (Annexure I) entrusting Junior Engineers with current duty charge of the posts of Assistant Engineers and the Office Order dated 21-6-1979 (Annexure M) promoting two Junior Engineers as Assistant Engineers on current duty charge on their own pay scale;

(3) Direct respondent 1 to fill up the remaining posts of Assistant Engineers in the direct recruitment quota from amongst the empanelled petitioners who are Graduate Junior Engineers;

(4) Declare the petitioners - Graduate Junior Engineers as a separate category and give them equal quota under the departmental promotee quota in the posts of Assistant Engineers;

(5) Restrain respondent 1 from giving ad hoc promotions to current duty chargholders amongst Junior Engineers;

(6) Declare that the petitioners Graduate Junior Engineers in the service of respondent 1 are entitled to be put on par with their counter-parts in other Government departments;

(7) Direct respondent 1 to grant revised pay scales of Rs. 555-900 to the petitioners and other Graduate Junior Engineers as in the case of Graduate Engineers in Class III service In other Government departments with effect from the date it is made applicable in the Central Public Works Department in view of the decision in Ram Kumar v. Union of India; and

(8) Direct respondent 1 to revise special pay from Rs. 40/- to Rs. 75/- per mensem to the petitioners and other Graduate Junior Engineers entitled thereto from 1-1-1979.

2. The case of the petitioners in W. P. 221 of 1979 (Diploma-holders Junior Engineers) is that they are holding the posts of Junior Engineers in the service of respondent 1 for 16 to 18 years having joined service as Junior Engineers during 1967 to 1970 while respondents 3 to 46 are those who have been directly recruited as Assistant Engineers during 1974-78 in contravention of the declared policy of the Government barring direct recruitment. The next promotional posts to the petitioners are Assistant Engineers. The first respondent has been resorting to direct recruitment to the posts of Assistant Engineers to the extent of 50 per cent resulting in stagnation of the petitioners in the grade of Junior Engineers. It has been following the pattern of functioning current in the Central Public Works Department, hereinafter referred to as 'CPWD' in all matters of recruitment, promotion and other conditions of service. The CPWD had decided to suspend direct recruitment to the Central Engineering Service because no promotional chances were available to the Central Engineering/Electrical Engineering Service (Class II). That decision taken in August, 1975 became effective from 1-4-1972 (Annexure 'B'). The first respondent has taken a decision by Resolutions Nos. 416 and 78 dated 27-7-1970 and 21-