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1986 Supreme(SC) 569

A.P.SEN, S.NATARAJAN
T. R. Kapur – Appellant
Versus
State Of Haryana – Respondent


Advocates:
B.R.AGRAWAL, C.V.SUBBA RAO, E.M.S.ANAM, I.M.SHROFF, K.S.TIWARI, M.K.RAMAMURTHY, M.R.SHARMA, N.D.GARG, O.P.Goel, P.D.SHARMA, P.H.Parekh, S.K.MEHTA, SHANTI BHUSHAN, SOHAIL DUTT, U.R.Lalit, Uma Datta

Judgment

SEN, J. :- These petitions under Art. 32 of the Constitution assail the constitutional validity of a notification issued by the State Government of Haryana in the Public Works Department (Irrigation Branch) dated June 22,1984 purporting to amend R. 6(b), Punjab Service of Engineers, Class I, Public Works Department (Irrigation Branch) Rules, 964 (for short the Class I Rules) with retrospective effect from July 10, 1964 as violative of Arts. 14 and 16(l) of the Constitution and also ultra vires the State Government by reason of the proviso to S. 82(6), Punjab Reorganisation Act, 1966. The purport and effect of the impugned notification is to nullify the decision of this Court in A.S. Parmar v. State of Haryana, (1984) 2 SCR 476 : (AIR 1984 SC 643) holding that a degree in Engineering was not essential for such promotion. By the impugned notification, a degree in Engineering is made an essential qualification for promotion of Assistant Engineers in the Irrigation Branch, a Class II service under R. 6(b) of the Class I Rules and thereby the petitioners have been rendered ineligible for promotion to the post of Executive Engineer in Class I service.

2. The circumstances which le




















































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