Judgment

R. M. SAHAI, J. :-Validity of the Karnataka Public Works Engineering Department Service (Recruitment) (Amendment) Rules, 1985 has been challenged by the Assistant Engineers, recruited directly, both on the ground of constitutional invalidity as it treats unequals as equals and also for giving retrospective appointment to the diploma holders and seniority even prior to the date of their eligibility.

2. Engineering services in the Public Works Department (PWD) of the country can justly feel proud for having contributed largest number of decisions from this Court touching upon nearly every aspect of service law the most common being seniority. This has resulted to a large extent due to different set of rules framed in different States to accommodate and benefit one set of employees over other either to mitigate injustice arising out of peculiar circumstances as in the State of Andhra Pradesh due to merger of the State of Hyderabad, or because of sympathetic consideration of supposed injustice as in the State of Karnataka or due to pressure and pull depending on the strength of the Association of Employees of one or the other group coupled with if the Chief Engineer in the State