JUDGMENT :

SUNITA AGARWAL, J.

1. By means of the instant petition, filed in the year 1991, the petitioners who were appointed on the post of Deputy Engineer (Civil) Class-II, in the year 1980 and 1982, seek the following reliefs:-

“B. Be pleased to issue an appropriate writ under Article 226 of the Constitution of India, declaring the proviso to Rule-3 and provisions of Rule 12 of Deputy Engineers (Civil) Gujarat Services of Engineers Class II Recruitment Rules, 1979 as arbitrary, illegal ultra vires the constitution of India, invalid and inoperative.

C. Be pleased to issue an appropriate writ under Article 226 of the Constitution of India, declaring the proviso to Rule 2 and provisions of Rule 13 of the Executive Engineers (Civil) Gujarat Services of Engineers Class I Recruitment Rules, 1979 as ultra vires the Constitution of India, arbitrary, illegal, invalid and inoperative.

D. Be pleased to issue a writ of mandamus on a writ in the nature of mandamus or any other appropriate writ order, or direction under Article 226 of the Constitution of India, directing the respondent Nos. 1 and 2 to consider the petitioner as directly recruited on the vacancies of the Executive Engineers (Civil) Class-I in the respective year of their passing the combined competitive examination held by the Gujarat Public Service Commission, by applying the “Carry forward”rule to the vacancies of Executive Engineer (Civil) Class-I in the quota of direct recruits, remaining vacant from 1960 onwards and by distributing the said carried forward vacancies of direct recruits in the year of their recruitment and further directing the respondent No.1 and 2 to give all consequential benefits to the petitioners, and to make the necessary changes in all the records maintained by it wherever necessary.

E. Be pleased to issue a writ of mandamus on a writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India, directing the respondent Nos. 1 and 2 to prepare the seniority list of Deputy Executive Engineers Class II by placing the names of petitioners and other directly recruited Deputy Executive Engineers above the promotee Deputy Executive Engineers who have been fitted in the vacancies for the direct recruit of Deputy Executive Engineers between 1960 to 1980 they being invalid appointees on account of their promotion on the said posts in excess of their quota, by implementing the principles laid down in resolution dated 04.12.1986 and by applying the “push down” formula laid down by their Lordships of Supreme Court in N.K. Chauhans’s case and further directing the respondent Nos. 1 and 2 to give the promotion to the petitioner on the post of Executive Engineer (Civil) Class-I on the strength of their placement in the said seniority list with effect from due date, and to accord the petitioners the difference in salary, seniority in the cadre of Executive Engineers and all other consequential benefits.

F. Be pleased to grant interim relief directing the respondents No.1 and 2 to assess the vacancies of the Executive Engineer (Civil) Class-I of direct recruits during the period 1968 onwards and to distribute the same amongst the petitioners and other candidates who were selected on the post of Deputy Executive Engineers (Civil) for want of the post of Executive Engineers (Civil) in the relevant year of their passing competitive examination held by the Gujarat Public Service Commission for both the cadres.

G. Be pleased to grant the interim relief pending the hearing and final disposal of their petition, directing the respondent No.1 and 2 to make the assessment of “carry forward” vacancies in the post of Deputy Executive Engineer (Civil ) Class-II for the period between 1960 to 1978 and to distribute the said vacancies in the relevant years amongst the petitioners and others directly recruited as Deputy Executive Engineers and give them proper placement in the seniority list of the Deputy Executive Engineer