JUDGMENT

NATARAJAN, J.:— This Civil Miscellaneous Petition has been filed with a prayer for appropriate directions being issued to the State of Haryana as under

(a) Issue appropriate directions to the respondents Nos. 1 and 2 to implement the judgment and order dated 17-12-86 (reported in AIR 1987 SC 415 and carry out the directions issued by way of writ of mandamus as prayed to this Honble Court in its full spirit giving effect to the promotion orders dated 30-12-87, from back dates (deemed dates) or the dates when their Juniours were promoted.

(b) Further issue suitable directions to the Respondents Nos. 1 and 2 to allow other consequential benefits viz. fixation of pay from deemed. dates, payment of arrears, pension and gratuity benefits to all officers figuring in list dated 27-10-85 irrespective of their retirement prior to the order of promotions dated 30-12-87 pronouncement.

(c) Give effective relief to the petitioner Shri Mohinder Singh Kundu in full, irrespective of his retirement.

(d) Any other suitable orders or directions as this Honble Court may deem fit and proper in the facts and circumstances set out in the present petition.

2. To understand the grievance of the petitioners, it is necessary to set out the background material and the pronouncements made in T.R. Kapoor v. State of Haryana, (1987) 1 SCR 584 and Ashok Gulati v. B.S. Jain, (1987) 1 SCR 603 in favour of the petitioners.

3. The petitioners who are Diploma holders initially joined the Class III Engineering Service of the Punjab State in the early fifties and were promoted to Class II service as officiating S.D.Os in the middle sixties and in the case of some of them the said temporary promotion was even earlier. By a Notification dated 27-10-1985 the petitioners and other similarly situated persons were regularly constituted as Class II service officers with effect from 25-12-1970. Further avenues of promotion to them were barred because the State Government construed the Service Rules to mean that without a degree in Engineering, a Class II officer cannot be promoted to Class I service. The said interpretation of the Service Rules was disapproved by this Court in A.S. Parmar v. State of Haryana, (1984) 2 SCR 476. By reason of that judgment, it followed that a degree in Engineering was not an essential per-requisite for a member of Class II service being promoted to the Class I Service.

4. After the judgment in A.S. Parmars case (supra) was rendered, the petitioners filed Writ Petitions under Art. 32 of the Constitution seeking writs of mandamus to the State Government to consider the case of the petitioners and the like of them for promotion to the posts of Executive Engineers in Class I service. On 24-2-1984 an undertaking was given to the Court that the State would consider the claims of all the eligible persons including the petitioners for regular appointment to Class I service and that the exercise would be completed within four months time. However, two days before the expiry of the said period of four months, the State Government brought an amendment to the Rules with retrospective effect from 10-7-64 so as to make a degree in Engineering an indispensable qualification for an officer in Class II service being promoted to Class I service. Dismayed by the action of the State Government, the petitioners amended their writ petitions suitably and challenged the validity of the amendment to the Rules. After considering the matter in detail, this Court delivered judgment on 17-12-1986 striking down the impugned amendment to the rules as ultra vires the State Government and in a connected appeal C.A. No. 149 of 1981 Ashok Gulati, (AIR 1987 SC 424) (supra) this Court directed the State Government to consider the cases of all eligible members of Class II service for promotion to the post of Executive Engineer in Class I service in accordance with law and to complete the process of appointment within six months time.

5. As the State Government failed to give effe