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JUDGMENT :

Rastogi, J.

1. Leave granted.

2. Both the above appeals, although have been decided by separate judgment by the High Court of Delhi and the Punjab and Haryana High Court, but since the self-same question is being raised in the instant appeals, hence are being decided by the present judgment.

3. The undisputed facts in brief relevant for the purpose are that headed by the Engineer-in-Chief since its inception, the Military Engineering Service for administrative purposes was bifurcated into five Commands being the Eastern, Western, Northern, Southern and the Central Command with an officer of the rank of Chief Engineer being the administrative head and controller of each Command. There existed a separate cadre of Superintendents for buildings and roads and a separate cadre for electrical and mechanical equipment having the posts of Superintendent (B/R) Grade II and Grade I as also Superintendent (E/M) Grade II and Grade I. The service conditions are governed by the Military Engineering Service (Non-Industrial Class III and IV Posts) Rules, 1971 (hereinafter being referred to as “1971 Rules”).

4. On 9th December, 1982 a letter was sent from the office of the Engineer-in-Chief Branch, Army Headquarters to the Chief Engineers of all the five Commands for initiating the recruitment of Group ‘C’ personnel in the Grade of Superintendent (B/R) Grade II and Superintendent (E/M) Grade II, intimating as under :

The Chief Engineer

HQ Southern Command, Pune

HQ Eastern Command, Calcutta

HQ Western Command, Simla

HQ Central Command, Lucknow

HQ Northern Command, C/o 56 APO

PLANNING OF RECRUITMENT OF PERSONAL IN THE GRADE OF SUPDT B/R AND SUPDT E/M GDE II

As a result of the recent promotions of Supdt B/R and Supdt E/M Gde II to Supdt Dde and keeping in view the likely increase in the establishment during the next year it is expected that nearly 700 to 1000 Supdt B/R and E/M Gde-II will have to be recruited to make good the deficiencies in these categories. Command wise break down of the approximate requirement of personal is estimated as under:

2. In order to meet the requirement on the ground, it is essential to plan the recruitment action well in advance. Please therefore, advised the CE Zones to probe all State Govt/Central Govt. employment exchanges and ascertain availability of suitable candidates (Diploma Holders) for appointment to the above posts.

Please also cause letters to be issued by employment exchanges diploma courses institution on opening available.

3. Board of officers with presiding officers not below the rank of Lt Col/SE will be convened by CE Command to interview and select suitable candidates to be sponsored by employment exchanges.

4. In order to reduce the posting of personal from one State to another to the barest minimum, it will be helpful if the recruitment is made from the concerned region for filling up the vacancies existing/likely to occur in that regions.

5. The result of the communication made to various employment exchanges as per para 2 above may be intimated to this HQ by 10 Mar 83.

6. Please acknowledge.”

5. Pursuant to the directives issued from the Headquarters, process of selection at the same time was initiated by the office of Chief Engineer in all the five Commands followed with the separate select list in the order of merit in each of the respective Commands came to be published in the year 1983. In Western Command, a select panel of 261 candidates was published on 29th June, 1983