Judgment

SINGH, J.:- This appeal by special leave is directed against the order of the High Court of Punjab and Haryana dated 15th January, 1980 quashing the Notification dated 3rd May, 1973 issued by the State Government of Haryana promoting the appellants to the Haryana Service of Engineers Class I post (Public Health Branch).

2. The facts giving rise to this appeal are that the appellants S /Sh. J. C. Yadav, B. R. Batra, O. P. Juneja, S. L. Chopra, M. S. Miglani, C. P. Taneja, SurJit Singh and V. P. Gulati and respondent Vyas Dev were members of the Haryana Service of Engineers Class II in the Public Health Branch. Members of the Class II service are eligible for promotion to Class I posts in accordance with the provisions of the Haryana Service of Engineers Class I Public Works Department (Public Health Branch) Rules, 1961 (hereinafter referred to as the Rules). In 1971 the appellants were promoted to the post of Executive Engineers in the cadre of Class I on ad hoc basis while Vyas Dev respondent was not considered for promotion. He made representation but nothing came out in his favour. Later a Committee was constituted under Rule 8 for selecting suitable members of Class II se