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Supreme Court Of India
K.G. BALAKRISHNAN AND B.N. SRIKRISHNA, JJ.
M.P. RAMGARHIA AND ANOTHER - Appellants
Versus
STATE OF PUNJAB AND OTHERS - Respondents
Civil Appeals No. 8606 of 2001 with Nos. 8603, 8599-8600, 8602 and 8604-05 of 2001,
Decided on January 27, 2005
Upgradation of post - Validity - Appellant Executive Engineers challenged upgradation of T C Sinngla, their junior to the cadre of Superintending Engineer (SE) - The Division Bench of the Punjab and Haryana High Court held that there was no cadre within the cadre of Executive Engineers and the rules contemplated as single cadre of Executive Engineers and the promotion is to be made on the basis of the seniority of the Executive Engineers- High Court held that it was an upgradation of the post of Executive Engineer and the same was granted to Shri T.C. Singla personally and the upgradation and posting was treated as an ex cadre posting and the High Court declined to interfere with the order passed by the Government-Morover by now T C Singla retired and appellant promoted as S E- Therefore order of the High Court not interefered. ( para 2 and 3 )
ORDER
1. The appellants in Civil Appeal No. 8606 of 2001 who were working as Executive Engineers in the Public Works Department (Public Health Wing) filed writ petition challenging the upgradation granted to one Shri T.C. Singla to the cadre of Superintending Engineer. The appellants contended that Shri T.C. Singla was not senior to these appellants and therefore he was not entitled to be posted as Superintending Engineer. The appellants had also contended that the Department had been following a policy of creating a subcadre within the cadre of Executive Engineers as Mechanical, Civil and f Electrical without there being any appropriate rules. The Division Bench of the Punjab and Haryana High Court held that there was no cadre within the cadre of Executive Engineers and the rules contemplated as single cadre of Executive Engineers and the promotion is to be made on the basis of the seniority of the Executive Engineers. Even though the State contended that there could be a promotion of Executive Engineers on the basis of different cadres as Mechanical, Civil and Electrical; the said plea was not accepted by the High Court and it was held that for such creation sub-cadre rules have to be amended appropriately. Aggrieved by the same the State has filed Civil Appeals Nos. 8599-8600 of 2001.
2. As regards the promotion of Shri T.C. Singla, the High Court held that it was an upgradation of the post of Executive Engineer and the same was granted to Shri T.C. Singla personally and the upgradation and posting was treated as an ex cadre posting and the High Court declined to interfere with the order passed by the Government.
3. We heard the appellants counsel in all these matters. Shri T.C. Singla has retired from service and the appellants herein also got promotion later to the cadre of Superintending Engineer and they subsequently retired from service. As regards the view taken by the High Court regarding the alleged creation of sub-cadre within the cadre of Executive Engineers, we do not find any reason to interfere with it.
4. These appeals are without merits and are dismissed.
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