JUDGMENT

AHMADI, J.—Special leave granted.

2. The appellants were members of the Haryana State Services and were working in different capacities in the State of Haryana in the year 1990. In that year the total strength of the Haryana Civil Service (Executive Branch) was 200 against which only 155 officers were in position; there being 45 vacancies. The Government of Haryana took a decision to resort to special recruitment under Rule 5 of the Punjab Civil Services (Executive Branch) Rules, 1930 (hereinafter called the Rules) which were admittedly in force then. Special recruitment to service could be made under Rule 5 which rule may be reproduced at this stage:

"5. Members to be appointed by the Governor of Haryana from amongst accepted candidates.- Members of the service shall be appointed by the Governor of Haryana from time to time as required from among accepted candidates whose names have been duly entered in accordance with these rules in one or other of the registers of accepted candidates to be maintained under these rules:

Provided that if in the opinion of the State Government the exigencies of the service so require, the State Government may make special recruitment to the service by such methods as it may by notification specify, after consultation with the Public Service Commission."

The appellants contend that in exercise of the power conferred by the said proviso, 21 posts belonging to the Haryana Civil Service (Executive Branch) were taken out from the purview of the Haryana Public Service Commission (hereinafter called the HPSC) and were decided to be filled up by special recruitment. The State Government issued a circular dated July 17, 1990, to all Heads of Departments of the State Government calling upon them to recommend eligible and suitable officers as per the criteria indicated therein for being considered for appointment by special recruitment. The circular inter alia provided that special recruitment would be made from amongst Class II officers, excepting those who have a channel of promotion to the Haryana Civil Service (Executive Branch) and excepting those belonging to technical services, who fulfil the eligibility conditions set out therein. The eligibility criteria indicated in the circular read as under:

"(i) [S]hould at least be a graduate of recognised university;

(ii) should not have attained the age of more than 48 years;

(III) should have rendered at least five years continuous Government service in regular capacity in Haryana;

(iv) should have overall record of very good category or better than that during the last 5 years (i.e. from 1985-86 to 1989-90)."

The date of reckoning for the purpose of age, educational qualifications and length of service was fixed as January 1, 1990. The Heads of Departments were also informed that up-to-date confidential reports, integrity certificates, information regarding pendency of any complaints/departmental proceedings, service book, etc., should also be forwarded to the Government. It will be seen from the above circular that the Government initially decided not to consider those officers having a promotional channel for special recruitment but it was later felt that the exclusion was not warranted and consequently by a notification dated December 20, 1990, they too were included for consideration provided they satisfied the eligibility criteria set out hereinabove. By a subsequent notification dated January 25, 1991, the Government of Haryana in consultation with the HPSC made a slight modification in the eligibility requirement by substituting it as under:

"[S]hould have overall record of Very Good category, i.e. at least 3 Very Good or better reports and 2 reports of not less than Good category, during the last five years (i.e. from 1985-86 to 1989-90)."

The above circular and the subsequent notifications issued by the Haryana Government were challenged in a Writ Petition, C.W.P. No. 1201 of 1991, filed by certain State employees wherein the validity of Rule 5