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1992 Supreme(SC) 398

B.P.JEEVAN REDDY, KULDIP SINGH
R. L. Bansal – Appellant
Versus
Union Of India – Respondent


Advocates:
ASHOK BHAN, ASHOK GROVER, Baldev Atreya, S.SHEKHAR SHETTY, Sarla Chandra, V.C.MAHAJAN, V.K.Jain, V.K.VARMA

JUDGMENT

B. P. JEEVAN REDDY, J.:—This writ petition is an instance of the classic dispute between promotees and direct recruits. The writ petitioners are Assistant Engineers in the Central Engineering Service-Class III (Gazetted Officers) in the Central Public Works Department (C. P. W. D.). Appointment to the category of Assistant Engineers service is governed by the Central Engineering Service, Class-II Recruitment Rules, 1954 (hereinafter referred to as 1954 rules). These rules are divided into six parts. Part I is general. It contains the interpretation clause. Part-II deals with the method of recruitment. Rules 3 to 5, relevant for our purpose occur in this part. The Rules before their amendment in 77 and 1958 read as follows :

"3. Recruitment to the Service shall be made by any of the following methods :-

(a) By competitive examination in India in, acordance with Part III of these Rules.

(b) By direct appointment in accordance with Part IV of these Rules of persons selected in India otherwise than by competitive examination.

(c) By promotion in accordance with Part V of these Rules.

(d) By transfer in accordance with Part VI of these Rules."

"4. (a) All appointments to the service























































































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