# A. s. PARMAR v. HARYANA

- **Citation:** [1984] 2 S.C.R. 476
- **Court:** Supreme Court of India
- **Decided:** 1984-01-24
- **Case number:** Civil Appeal Nos. 10585 &·. ift.. 10586 of 1983
- **Bench:** E. s. V~NKATARt\MfAH, R. B. MlsM
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/a-s-parmar-v-haryana-8557
- **Pages:** 19

## Headnote

·J
Constitution of .lndfa,
Artie/~ 3 I l a11d )09 proviso thcrtl<>-Prumation of
(mpolyeufrom Class 11 service to i:~ass·t surkt In the P.W.D.(Irrlgotiun hranth~
Pun}ab-Poss .. sion of a •lt•cree Is noJ a pre-.requlslte fur pvrmotion fiom doss lito
class I itnlct!t-P/If!]ab sen•lce of Englnetr Cluss I, P. W.O. (lrr/gillian Branth)
Ralu, 1964 Rule 6(a), lnterpretalion of
.
Promot/Qn of Assistant Enxlnnrs In claM II •crvkt, nut pusscssiltlf Ut!lfT« to
til# cadu of Eucutive Elrg/Jrccrs Cla.u I, but S<Jtlsf)'lng the requiremtll/s ufclause(b)
·· •f Rule 6 of class I Rule.t-Wlr<th;r In onid or whrther Rule 6 (u) will be llpp/icubkCompor/om betwwt P"n]ab Stnic11 of Enginursc/uss /{ P.W.D. (Bui/JilflJ an<!)
Roods Brandt) Rules 1965, Rule.r 6 & 7 wtrll Punjab Sen•fre of Elf[llneeTJ dos./.P.
W.D. (Bui/Jin¥s' and Roods OrOII<h) Rules 6 J.a) and 6 (6)..
·
Eil;bt Officers including the appcllanlS cntt:rcd th.e class II scrvkc in &<.'CUr•
danc:e·witb the Punjab Service of Engiac.:rs class U, P.W.D. (Building$ and !Wad!
Branch) Rules, 196$. They ora all holden of diplomas in Enainccriog. TheY fitn
' promott:d •longwith nino others from 'the cla:.s I( scr~i.e to the class l seoi•-e by
an ordor da!ed May 7, 1981, passed by tho Hary~na State Government on at~
pornry basis aubject IP approval of the Haryana Public Service Comnthsioo. ln
tho case of these officers, the GoverllJllent of llaryuna pusSc:d an onlcr rda!in& !be
'condition of dcan:c q.ulifw:atlon in public interest. The above orders of protoolioo
in so far as lhc>e persons were c.onocmed were qucstloncd by eleven oflktrs in ~.
class ll service, who were below th= in the gradation list uf lho class 1,1 ~
bavina eott:red that service In 1972 In tho writ petition out of which lhcsc appe:l~
arise. Tho officers who lilo<l th.o uid p~lltion wom all huh.k'rs of degr~ in E11$1·
noerin~. Their principal c.ontt:ntioo w;u tl>at an ofliccr in tho? cfilM II se.rvicc co~J
1101 be promottJ tu the cla.n J ""rvice unl011s bo po=sed 11 degrco In Enainct:n,;J
as prc~ri)led by Rule 6(a.l o r tho Punjab ScrviC<~ of I!nghers, cW.. J, P.W.D. (ll"""'
illl' and Roads Hrancbl ftula, 1960 whil:h • ovcrncd the rcc:cuitn..:nt to tbecld
•
.
•
n~· to
r service In the State or llaryana and the n:luxu,jOII of that requirement a
\llO
bavo been ordered by the Statt:· Governtrk!nt In exercl$0 of the p<.>l''tl undtt ch 1
the proviso to R ulc 6 (b) in the c..<;<: of tho ufiiccrs whose pro otl ans had beeP
~~
lcnatd 'IW\ lllc&nland .void. The l'unjab & Hnryana Hi~:h Court acceP_red the ~al
~ntention and di.mi,..-J tbe pctitiun. Hence the appeals after obtaulfDI IPI"' .
f:c*vc of the Court,
Allowl~a tho a:>peals the .Court,
H!!LD : 1.1. A ·4:sroe is not a p~o-rcquisitc for beloa promoted from the
dut II aervk:o t.o the eta.. 1 scrvico:. [493 01
~ --
....
) .
. ~. ·
'!
W"',
\
•
..
.·
A. s. PARMAR. v. HARYANA
477 .
· 1.2. A comparison between the 1956. Rules and tho. ·1964 Rules makes ·it'
clear that there was no insistance upon the qualification of a degree in the said 1956.
Rules in th.e case of the promoteedrom the class II service . . When the 1964 Rules
of the Irrigation Branch; class i were promulgated, ·the ·pattern of the Rides
A ..
·.was changed. While doing so, in the new Rule 6, the word ''directly" which was
in the old Rule 7 was no doubt omitted but the new Rule 6 referred to both .
kinds of appointment namely direct .. recruitment and. · promotio~froni the cla.ss II.
serviee. It was not a case of just repwducing the old Rule 7 and omitting one word
the~efrom, : but the introd~~tion of a new Rule 6 with a different st;ucture. [ 493A-Bl
'
.
'
O.P: Bhatia & Anr. v. siate of Haryalla & Ors .• .ILR£1980]1 Punjab & Haryana
470. overruled.
1.3. · In these cases, the State Government having first consumed Rule 6 of
the class I Rufes reqUired that a promotee should also have a degree, tried to relax
that condition by making orders relaxing as it found that' its construction had led
to injust results: In view of the.fact t

## Text

_Characters 0–39,989 of 50,342. This is a partial read: ask again with offset=39989 for what follows._

.. ..B
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G
II
. A. S. PARMAR & OTHERS
·.-sTATE OF HARYANA & OTHERS
·''January 24, 1984
[E. s. V~NKATARt\MfAH AND R. B. MlsM.'JJ.]
·J
Constitution of .lndfa,
Artie/~ 3 I l a11d )09 proviso thcrtl<>-Prumation of
(mpolyeufrom Class 11 service to i:~ass·t surkt In the P.W.D.(Irrlgotiun hranth~
Pun}ab-Poss .. sion of a •lt•cree Is noJ a pre-.requlslte fur pvrmotion fiom doss lito
class I itnlct!t-P/If!]ab sen•lce of Englnetr Cluss I, P. W.O. (lrr/gillian Branth)
Ralu, 1964 Rule 6(a), lnterpretalion of
.
Promot/Qn of Assistant Enxlnnrs In claM II •crvkt, nut pusscssiltlf Ut!lfT« to
til# cadu of Eucutive Elrg/Jrccrs Cla.u I, but S<Jtlsf)'lng the requiremtll/s ufclause(b)
·· •f Rule 6 of class I Rule.t-Wlr<th;r In onid or whrther Rule 6 (u) will be llpp/icubkCompor/om betwwt P"n]ab Stnic11 of Enginursc/uss /{ P.W.D. (Bui/JilflJ an<!)
Roods Brandt) Rules 1965, Rule.r 6 & 7 wtrll Punjab Sen•fre of Elf[llneeTJ dos./.P.
W.D. (Bui/Jin¥s' and Roods OrOII<h) Rules 6 J.a) and 6 (6)..
·
Eil;bt Officers including the appcllanlS cntt:rcd th.e class II scrvkc in &<.'CUr•
danc:e·witb the Punjab Service of Engiac.:rs class U, P.W.D. (Building$ and !Wad!
Branch) Rules, 196$. They ora all holden of diplomas in Enainccriog. TheY fitn
' promott:d •longwith nino others from 'the cla:.s I( scr~i.e to the class l seoi•-e by
an ordor da!ed May 7, 1981, passed by tho Hary~na State Government on at~
pornry basis aubject IP approval of the Haryana Public Service Comnthsioo. ln
tho case of these officers, the GoverllJllent of llaryuna pusSc:d an onlcr rda!in& !be
'condition of dcan:c q.ulifw:atlon in public interest. The above orders of protoolioo
in so far as lhc>e persons were c.onocmed were qucstloncd by eleven oflktrs in ~.
class ll service, who were below th= in the gradation list uf lho class 1,1 ~
bavina eott:red that service In 1972 In tho writ petition out of which lhcsc appe:l~
arise. Tho officers who lilo<l th.o uid p~lltion wom all huh.k'rs of degr~ in E11$1·
noerin~. Their principal c.ontt:ntioo w;u tl>at an ofliccr in tho? cfilM II se.rvicc co~J
1101 be promottJ tu the cla.n J ""rvice unl011s bo po=sed 11 degrco In Enainct:n,;J
as prc~ri)led by Rule 6(a.l o r tho Punjab ScrviC<~ of I!nghers, cW.. J, P.W.D. (ll"""'
illl' and Roads Hrancbl ftula, 1960 whil:h • ovcrncd the rcc:cuitn..:nt to tbecld
•
.
•
n~· to
r service In the State or llaryana and the n:luxu,jOII of that requirement a
\llO
bavo been ordered by the Statt:· Governtrk!nt In exercl$0 of the p<.>l''tl undtt ch 1
the proviso to R ulc 6 (b) in the c..<;<: of tho ufiiccrs whose pro otl ans had beeP
~~
lcnatd 'IW\ lllc&nland .void. The l'unjab & Hnryana Hi~:h Court acceP_red the ~al
~ntention and di.mi,..-J tbe pctitiun. Hence the appeals after obtaulfDI IPI"' .
f:c*vc of the Court,
Allowl~a tho a:>peals the .Court,
H!!LD : 1.1. A ·4:sroe is not a p~o-rcquisitc for beloa promoted from the
dut II aervk:o t.o the eta.. 1 scrvico:. [493 01
~ --
....
) .
. ~. ·
'!
W"',
\
•
..
.·
A. s. PARMAR. v. HARYANA
477 .
· 1.2. A comparison between the 1956. Rules and tho. ·1964 Rules makes ·it'
clear that there was no insistance upon the qualification of a degree in the said 1956.
Rules in th.e case of the promoteedrom the class II service . . When the 1964 Rules
of the Irrigation Branch; class i were promulgated, ·the ·pattern of the Rides
A ..
·.was changed. While doing so, in the new Rule 6, the word ''directly" which was
in the old Rule 7 was no doubt omitted but the new Rule 6 referred to both .
kinds of appointment namely direct .. recruitment and. · promotio~froni the cla.ss II.
serviee. It was not a case of just repwducing the old Rule 7 and omitting one word
the~efrom, : but the introd~~tion of a new Rule 6 with a different st;ucture. [ 493A-Bl
'
.
'
O.P: Bhatia & Anr. v. siate of Haryalla & Ors .• .ILR£1980]1 Punjab & Haryana
470. overruled.
1.3. · In these cases, the State Government having first consumed Rule 6 of
the class I Rufes reqUired that a promotee should also have a degree, tried to relax
that condition by making orders relaxing as it found that' its construction had led
to injust results: In view of the.fact that the question of interpretation of New Rule ·
(>·of the clasS I Rules was raised, @hd serv:ice Rule 6. (a) of the class I Rules is ;not
applicable to the class II officers who are to be promote.d to ·the class I service, the .
question whet~e·r the ·order of relaxation made in the case of promotees is validly
passed or not. becomes twll·esi. [493.E; 494~]
2. (
It is indisput~ble that if .the Gov~rnment' · wishes to appoint i:>nly hoi·
·del'S of degrees fo the class I service •. it QtaY do so by pro~ulgating appropriate
rules. That power is beyond question, and classification on the bas.is of' educational
qualifications of officers belong\ng to'a cadre for purposes of promotion to a higher.
cadre is permissible. But, the. class I Rules as they now exist do .not debar the pr~-·
motion of an Assistant Engineer in the class II service who does not possess a deg~ee
to the cadre of Executive·Engineers even when he.satistles the requirements of clause.
(b) o'f Rule 6 of the. 9lass I Rules and is selected by the Public Service Co~Ssioo. · ·
[493G·H]
.
.
2:2. Rule 6 of the class J Rules treats the·. possession of a degree plus the·
selection at the competitive examination and· t.he passing of the departmental examination after appointment as sufficient for gettihg into the cadre of Assistant Exe· ·
cutive Enginc<,:rs or to thG, cadre of Executive· Engineers when. direct recruitment is
made to . those posts and the experience . in the class rr Servic.C for a .mipimum period
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of eight years plus the passing of the departmental examinations before promotion
· F
of an Assistant Engineer in the Class 1I Service as suffici~nt qualification for promotio}l.to the cadre· or Executive Engineers. [487 E-FJ
'
· • · 2.3 . The distinctio~ between t)le two m~thods of filling the posts· of Executive
Engineer by p(omoticin·is clear: Tf that post is to. be filled up by. promoting a~ Assis:.
. tant Executive Engineer; the Assistant Executive Engineer, concerned should poss· .
ess five years expel'iencc and should have PasSed the Departmclital.Examination
prescribed by Rule 15 of the Class I RUles. If that ))Ost'is.to be filled up by p'romoG · .
tion Qf an Assist~nt Engineer in the cia~ II Service, th~ A?sista.nt Engineer to be
promoted should possess eight years experience in the Class 11 Service and should
have passed the Departmental Examination prescribed by Ruie 15, :rhat means
· . that whereas an ~stant Executive Engineer .who is a holder of a degree needs have .
only ~~e years' experience in the .Public Works Department, an Assistant Engineer.
• in the <:lass II Service who m;:~y or may not possess a degree should have eight years'
H
e;'tpcrience. in the P!!blic Works Dep!lrtmont for being pro~ofed to the cadre ·~f .
,
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478
SUPREME•. COURT REPORTS
[1984} 2 S.C.R.
A
Executive. Engineers.'This extra expenence of three years appears to have been
treated as being sufficient to make good the deficiency, if any,. that may a rise by
.reason of the Assistant. Engineer in the Class II Service possessing only a diploma
· • and not a degree. [487 l:t; 488 A-C1
·
.~.4. In the circumstances it could not have been the intention of the rule
·B.
· making authority tha~ no person without a degree should be allowed to enter the
Class 1 service_ If the construction placed by the petitioners in the writ petition
and tlie Government is accepted every ·diploma holder who is an Assistant Engineer. would have to retire only as a Class II Officer and cannot hope to become an
Executive Engineer till his retirement." If that was the intentiofi, Rule 6 (b) of th'e
Class I R~les would have contained necessary words conveying that meaning. Clause
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. (b) of Rule 6 appears to be exhaustive of the qualifications of the Assistarit Engineers .who can seek promotion from the Class II Service to the Class 1 Servic~; · So
Rule 6 of the Class I Rules will
re<~.d in so far as .the promotees are concerned
as ~nq person shall be appointed to the Service unless in the case of an appointment
by promotion has elght years completed service)n Class II and ha.s passed the PrC!fes-
.sional Examination of the department as provided in Rule 15" and·clause (a) of Rule
6 sb~uld be read as being applicable to the other mode o.f recruitment. [490 B.Dl'
3. In such a case, it cannot _be said that the exPtirtncss of the Class 1 Service
would very much suffer if persons without degr"·s .but with only diplomas are alloWed to get into it. In administrative an~ professional services a combination of.
high ed1,1cational qualifications and long experience is always preferred so that the
s~rvices may be efficient by each of them supplementing the other. Experienced ·
administrators have opined that in the higher· cadres of services high educational '
.qualifications alo~~e·or long experience alone would not be in the' interests of the
public. In order to see that there is no ·lack of proficiency in the hight;r post in
the Class I Service, Rule 5(2) of the Class I Rules expressly·provides thavecruitment to the Service shall be so regulated that the number of posts filled by promo~
tion from the Chiss IT Service. shall not exceed fifty per cent of the nwnber of posts in
the Class 'I Serv.ice excluding the posts of Assistant Executive Engineers. It provides ·
fot a healthy blend of.the two classes. The effect of Rule 5(2) is that more th.an
fifty per cent of the Class I S~rvice posts would always be held by direct recruits
because the strength of promotees from . the Class II Service cannot be more than
fiffty per cent of the total strength of the Class I Service minus the number ot'Assistant E~ecutive Engineers .. ·The promo tees from the Class II Service will, therefore,
always be less than fifty ·per cent of the total strength of the Class I Service. Even
amongst them 26 out of.40 are graduates because of Rule 6 of the Clas!; Il Rules
which prescribes the quota of direct recruits who should always be the holders of
degrees. So diploma holders who may get into the cliss I Service by promotion will
be only 14 out of 40 promotees. Therefore it cannot be said that the 28 diploma
holders with the minimum length of experience prescribed by clause (b) ~f·Rule <i of
the ·aass I Rules who are selecteu by the Public Service Commission on the basis
of merit and suitabulity (see Rule 8 (4) of the Class I R~les) and with the educational qualifications they may possess as prescribed by the Class -u Rules would dilute
the Class I Service so much that the efficiency of the Class I Service would go down
to. such an extent that the Class I Service will become unequal to the tasks to be
performed collectively by the entire service. Further, if a ClP.ss II.officer js found
wanting in merit and is othei:wjse unsuitable, he would not be selected by the Public
. Service Commission. This is not like a nurse in an operation theatre carrying out. sur-
~ry. Nor is it like a laboratory assistant teaching stro-physics. [488D-Ii;489A-B;F-G] .
.
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A• S. PARMAR v. HA.RYANA (Venkataramiah, J.)
479 ·
CIVIL APPELLATE JURISDICTION :.Civil Appeal Nos. 10585 &·. ift..
10586 of 1983
1t... . •
Appeals by. SpeCial leave from the Judgment and Order dated
the )rd Match, ·1983 of the Punjab & Haryana High· Court hf Writ
Petition No. 2018 of 1981.
.
.
F.S. Nariman anq P.C. Bhartari for the Appellant in CA.1058.5/83
).
.
,
.
..
. .
P.p. Rao a~d Prem Malhotra f0rthe Appellant ·inCA.i0586(83.
'
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y-- ·
_.. \ .
. K.G. Bhagat, Add!. Solh;itor General and R. N.'Poddar for the
State of Haryana.
C
"'
1.
S.K. Mehta, P.N. Puri, M.K. Dua and EMS Anam for Respondents
in Both the Appeals.
..
The ·Judgment of the Court was delive,red by
VENKA.rARAMIAH, J.
These appeals are filed against the judgment
• dated March, 3, 1983 in Civil Writ Petition No. 2018 of 1981 on the
file· of the P_unjab and Haryana Hig~ Court quashing the pro~otion
of eight officers of the Class ·II Engineering ~ervice of the Haryana
Public Works Department (Buildings and Roa~s Branch) (hereinafter.
referred to as 'the Class II Service') as Executive Engineers in the
"' .. Haryana Service of Engineers, Class I, Public y.rorks Department.
\
·(Buildings and Roads Branch) (~ereinafter referr~d to as 'the Class I
Service'). The said officers are S.L. Gupta, I.C. Dewan, S.K. Chopra,
E
Bodh Raj, A.S. Parmar, O.P. Gupta,. Sumair Chand Jain· and G.L.
Sharma. They entered the Class II Service in. accordanc~ with the · .
Punjab Service of Engineers, Class II, P.W.D. (Buildings and Roads
' F.
Branch) Rules, 1965 (hereinafter referred to as 'the Class II Rules')
(
.
on the dates mentioned aganst their names in the following. table:"
Name
1. S.L. Gupta
2. I.e. Dewan·
3 .. S.K. Chopra '
4~ · Bodh Raj
·Date of entry
"int9 Class II
Service
19.8.1969
29.1.1970
29.1.1970.
14.8.1969
;
.
S. No. ·tn the
gradation list of'· .G ·
Clas-s II Service
54
68
63
"H
65
•
•
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480
SUP~BME CO~n,T REPORtS ·
'
. !
A · s. A.S. Pa~mar
6. O.P. Gupta
7. Sumair Chand Jain
8.. o.L. Sharma
20.2.1970.
14.8.19()9
10.4.1970
9.4.1970
66
70
71
72
They are all holders of diplomas in Engineering. They do not
. ·u
possess a degree in Engineering. ·They were promoted alongwith ·nine
-.others from the Class II Service to the Class l Service by an· order
... dated May 7, 1981 pass~~ by the Haryana State ~Government on a . "'-
temporary basis subject .to .approval of the Haryana Public Service
· Commission .. In the case of these officers, the Government of Haryan~ -· .
passed an order relaxing the condition of degree qualific_at'iot1 in public .~ .
. C
interest. The .abo,.ve .order of promotion !rtso far as .these persons. · ._ ~
were concerned was questione<i by eleven officers in the Class
II
· Service, who were below them in the gradation list of the Class II
Service, ·having entered that service in 1972 in the writ pe~ition out of
which these appeals arise, The officers \YhO filed the said petition' were .. )-
all holders of degrees in Engineering: Their principal contention was
D
that an officer in .the Class n Service could _not. be promoted to the .
Class I Service unless he possessed a degree in ·Engineering as presc~ibed by Rule 6(a) of the Punjab Service of Engineers: Class I, P.W.D .•
(Buildings and Roa9s Branc.h) :Rules, 1960 (herei'!af\er referred to as
. ·'the Class I Rules') which gover~ the recruitment to the Class I Service
in the State of Haryana and the relaxation of that .requirement alleged
· E
to have been ordered by the State Government in exerCise of the
power under the. proviso to Rule 6(a) . of the Class I Rules in the
cases of the _officers whose promotion lia_d been challenged· was illegal f
and void:. [t was, therefore, urged that the promotions of the said
persons should be quashed. The State Goverrunent and the· offiters
.
.F
· whose ·promotions had been c~allenged ·stated that the order of relaxa- ·
tion was
ju~tified in the circumstances of the case artd the promotions
~
were not liable .to be annulled.. .The question: whether the qualifica-
. t
tion of a degree in Engineering was necessar;y or not in the case of
officer.s iti-the Cla,ss II Service for promoting them to the Glass I Service
• . was; however, not raised before .. the High. Court.. After hearing the
parties, the High· Cou~t held that the order of relaxation' passed by the ..
· G . State Government was unsustainable and hence the impugned pro1
motions were ·liabie to be. set a_side. Accordingly the writ· petition
t •
was allowed- quashing the impugned promotions. Aggrieved by: the· J
judgment of the· High Couit;. these appeals have 'been filed· by special
leave of this. Court.
.
il·
...
..
Civil Appeal No. 1058.5 of 1983 is filed by A;S. Parmar, I.C ..
, .
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A- s. PARMA~·v . - HARYANA (Venkataramiah, J.)
481
\.
· •Dewan and S.K. Chopra·. Civll Appeal No. 10586 .Of 1983 is· filed
by· S.L. Gupta-, O.H:·Gupta and'Svmail· Chand Jain. Bodh Raj and
G.L. Sharma· h~.e ·already retired from snvice. Sumair Chand Jain
. is stated to have died in May, 1_983 after the_ special Leave Petition \\:as
filed.· ·When the ·spe<;ial Leave Petit~ons out of. which these appeals
arise cam·e up for orders on Marc}l 23, 1983;. a Bench of this Court
consisting of .three -learned Judges (A.P. Sen,
Venkataramiah and
_ R.B. Misra, JJ) TeJt.that:Ru!_e 6(a) of the Class I Rules was prima facie
A
·-B
not applicable to promotions made 'from the Class .n Service to the
Class I service and, therefore, specifically. raised the .said question. and
directed -the parties inch1ding t.he State Government to ·address the·
Court ·on it.. Then on November 25, 1983, a Bench of two Judges. ...,
. (A .. P. Sen and v~nkatar~miah, JJ) _after hell-ring all the parties· granted . C
· special leave to appeal to this Court limited t(i the qu~stion ,whether ·
-...·this was a· case of direct recruitment to tl-ie Class! Service and therefore,
· whether Rule 6(a);of the Class I. R!Jies w~s a-pplicable,_ on-the assump~
:
tion that if it was a promotion from the. Class II Service ·to tb.e Cla~s 1
Service, Ru.le -~(a)· would not be applica~le. It· should be· mentione~
.• here .that this. q_Llestion was not argued .before the High Court. apparently because of the decision-in O.P. J3hatiu & Anr. y. State of Hatyana
&' Ors: <I lin whicf1 a similar qtiestim1 had arisen under lhe Rules appli~
cab!{ to the ,Irrigation B~anch of the Harya ~ Public Works D~part~
rrient. The only point now argued before us relates to the applicability
of Rtile 6(a) of·the Class I Rules to the pt:-omotions referred to above.
In ottler to determine the said question it is necessary t~ refer bri.efly
to some of the provisions of the Class II Rules and ·of the Class !-
Rules.
· · ..
· ·
-'D
Rule 6 of the Cl<iss II· Rules provides that recruitment to the
Class II Service for cadre and ex•cadre posts should be made against
F
a lot of 40·posts in the following proportions : 0) d(re~t recruitment-'- .
26-posts, (ii) promotion from the me.I?J.bers of Punjab P.W.D. (B & R)
Sectional Officers (Engineering) Service:-8 · posts,· (iii) promotion
from draftsmen member.s of the Draftsmen and Tracers· Service-2 ·
. po~ts, (iv) promotion from members of the Punjab ·P. W.D. (B & R) . ·
Sectional Officers (Engineering) Service·. and the Draftsmen members · G
of the Draftsmen and Tracers Service and possessing qualificati~ns
. •
prescribed in Appendix 'B' -of the Cl,ass II Ri.lles;-4 posts. Rule 7 of
the Class II Rules prescribes the qualifications for entry .into Class" II
Serv_ice. -It .reads·:
·
·
·
·
H
(1) LLJ.ll980 (I) Ptinjab.and Haryana 47o:
,
....
·
A
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482
SUPREME COURT REPORTS
[1984]2 s.c.R.
·•
"(7) Qualifications : No person shall be appointed. to the
4
iervice unless he :-
"' .
-
(I) in the case of person appointed by di.rect appointment.
.
(a) possesses. one of the degnies of a recognised u_niversity
.·or. other qualification prescribed ·in App~ndix '.B'. . .
·
.
(b) obtains from the Standing Medical Board a certificate
of mental and physical fitness after being examined in accor-"
dance with the regulations prescribed in Appendix 'C' and is ·
considered by the Medical. Authority to be' fit in all respects
·for active outdoor .duties;
·
• ·
.
. . .
(c) is a person with a satisfactory character and antece- -
dents, verification . in respect of which shall be
arranged. ··
·through appropriate Government agency except in case where
. such ·verification may have already ·been made at the time of
·his entry into Government service.
(2) . In the case of appointment ~y promotion from
sources 2 aud 3 under rule 6(1) is a member of the Punjab
. PWD (B&R) Sectional Office~s .(Engineering) Serv1ce, or a
Draftsman member of the B&R Branch Draftsmen and
Trac~rs Service and h~s put in a service of ten years;
•
(3)(i) In case of the appointment by. promotion from
source 4 under n~le 6(1) is a member of the Punjab PWD
(B&R) Branch Draftsmen & Tracers' Sectional Officers Engineering Service or a Draftsman member of the B&R Branch
Draftsmen and Tracers Service.
(ii) Possesses any of th~ quaiifi.cations included
m
Appendix 'B' and has put in five years service tn case he
possesses ,A.M.I.S. qualifications and two years service in
case he is. a degree holder.
(4) In case of appointment by transfer, possesses the
qualifications prescribed for the members of the service.
(5) H~s not more than one wife iivi~~ or in. the case of
womu, isa~t married to a person already having a wife living .
•
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A. S• PARMAR v. :HARYANA (Yenkataramiah, J.)
483
'Provided that the Government may if satisfied .that there
.'~re special grounds for doing so, exempt aJ;ly person from the ·
operatiov of this clause."
.
·If is thus seen that in the Class II Service 26 out of 40 vacancies
are filled up by direct recruits who are holders of degrees · in Engineering of recognised unive-rsities or o'ther .equivalent qualifications.
10
vacancies are filled up by promotion from sour~es (2) a'nd (3) ?f
Rule 6(1) ofthe Class II Rules 6f members who have put in ten years
of service and the remaii1ing 4 vacancies are to be filkd up by promotions-from the fourth source referred to in Rule 6(1) of jhe Class II
'Rules of persons who possess the prescribed qualifications and'have
put in five years or two years service, a·s the ca'se m~y be. The. direct
recrujtment is made on the basis of a competitive_ examination held by •
tlie State Public Service (:ommison and promotions are-made· on the
basis of recommendations made ·by a Selection ·c ommittee presided
over by the Chairman or a Member o(the Public Sen · i~e Commission
01~ the basis of merit and suitability with- due regard 1.o sc~iority.
··The members of the Class II Service are designated as Assistant Engineers (See Rule 4 of the Class II Rules) and they are officers. incharge
of sub divisions or incharge of po'sts of equal responsibility in the
. Public Works Department (Building and Roads Branch). They are
Gazetted 0 meers.
.
W; shall now proceed to deal with the .Class I Rules. The Ciass l
Service comprises of four cadres.:_Asslstant Executive Engineers,
Executive Engineers, Superintending E~gineers and Chief Engineers
(Rule 3). A 'member of service' . means an· officer appointed sub- ·
stantiveJy .to a cadre post and includes (a) in the
cas~ of direct app.oint-
··
ment an officer on probation or sucli an officer .whO having successfully_
• completed his. probll-tion .awaits appointment to a cadre post and in
the case of appointment by transfer an officer who is _on probation or
who having successfully completed his probation awaits appointment
to a cadre post provided such officer does not have a liep. on a substantive p::lstin any Gov~:rnmcnt Department (Rule- 2(12)). ·'Assistant'
Executive Engineer' mfans a methber ·of the service in the junior scale
of pay. (Rule 2(2}). All ~thers in the Class I Seryice are in the
senior scale 'or in a higher sc~le. Rule 5 of the~ Class l- Rules provides that the recruitment to' Class J Service ohall be. m ~de by the
Gov~~men' in any one or more of the f9Iiowing methcds (i) ~Y- direct
appbmtment, (ii) by transfer of an <;>fficer already in_the serv1ce. of a
_Stat~ Government or of he U niori or (iii) by pl;'omotion from . Class li
S~rvJce. All first direct ~ppointments to the Class I Service can be
only to the posts of Assistan·t ~xecutive Engineer (Rule 5(4))..
AJJ.
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484
SUPR!!ME COURT REPORTS
lJ984] 2 S.C.R.
A . officer promoted from the·.Ciass II Service has to be re~n)ited to the
·cadre of Executive Engineers· (Rule 5(S)). • The po.sts of Executive
:. Engineers ~a.n .be filled up by promotio.n ·or Assistant Executive Engi-
. · neers also (Rule 9). · 'Direct appointment' means an appointment by
' open competi~ion·but does not i.Jiclude:(a) an appointment by promotion and (b) an appointnl.ent ~y ~ransfer of an officer already. in the
8
·service of a State .1Jovernment or~ ot the Union (Rule·. 2(7)). The·
· Explamition.to Rule 2(7) provides that a Class U officer. who enters
the Class I Service by open wmpctitive selection shalJ,.fot th<; purposes ·
of. Class I Rl;lles, 'be deemed· to · have entered tl1e Class I Service by
direct ·appointment. This :means that a memb~r of the Class · II·'·
Sendee can either be recruited directly to the cadre of Assis.tant Execu-··
C . · ~tive .~ngineers . Cvidc. Rule 5(4)) or proino.ted .to the cadre of Bxecutiv.e
Engineers· (vide Rule 5(5)). : Now we set out below Rule 6 of. the
Class I Rules \vhich lays ~ow~ ttl~ qu'llifitations for enterfng tl1e Cfass 1
D
E
•
F
G
H
-Service. Rule .6· reads :
.
.
..
;,6: Qualifica.tions .. .-:.No- per~on siHill be appoi,Jted · tl) the
Service, unless . he- .
(a) possesses one of th·e Unive(sity. Degrees or other
·qualifications prescrjbed·in 'Appendix B of these rules :
Provided thai Government may waive this qualification. in the
case of a particular officer belonging to• Class TJ Service:, .
. (b) iri. the cas~ of an appoi.ntment by promotion from
ClasslT Set vice has eight jears completed ·service in Class IT;
· :and has passed the Prof~ssional Examination of the Dcpar~-
ment as provided in rule ·15 infra;
. . .
·
(c) being·a person to. ·be appoi.nted to the service by
direct recruitment, ob.tains from the Standing Medic~ I Board acertificati~n of mental
and ·. physical fitness after being
examined· in ac~o rdance with . the ·regulations. prescribed in
App~ nCl.ix C and i's consi~ered hy the Medical A~thority to
· b:: fit in all respects for active out(loor cl.uties;
·
· (d) is a _person \~jth·a sa•isfnctory character and ante~c
dents, verification in r_espcct or which . shall. be l?rranged :·
.through appropriate Government
Agency, except· in cases·.
wh~re sucli. verificatiGn ll1CJY have alr\'acl.y been · made at the
tim\; of his ·entry into Govc.r~ni.,:r.t servi~e ;
·•
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A. :S· PARMAR V. HARYANA (Venkataramiah,. J.)
485
(e) has not more than one wife living or, in .the case of a
woman, is not ma:rried to a pers·on already.having·a wife living;
"·
'
.
Provided that Government may, if satisfied that there
are special grounds for doi~g so, exempt any person fro in the .
operation ... of this condition."
·
Clause (a) of Rule 6 ot the 'Cias_s I· Rules says that no person
; .
shall be appointed to the Service unless he possesses one o~ the University degrees or other qualifications prescribed in Appendix ·~·of the
Class I Rules. It is further provided therein that Government may ·
waive this qualification in the case of a particular officer belonging
. r- to the. €lass II Service .. Clause (a) of Rule 6 no doubt appli~s t9 all
, . ~\ .· direct recruitments. If a Class II Officer ~ee'ks to enter tb.e Class I'
•
.
Service by direct 'n!cr~ifment i.e. by recruitment by open competitiQn ·
as provid~d by the· Explanation to Rule· 2(7), he should possess a
degret- is provide!i in Rule 6(a) unless under the proviso to. Rule 6(a)
Government waives the ~aid qualification· in his case~ A direct recruit
has also t_o satisfy· the condition in clause (c) of Rule 6 which deals
with the product!on. of a l)lCdtca] certificate aS provided there_in and
the condition in clause (d) of Rule 6 which provides for the verification
of ,his chara~ter. and antecedents· except where ~uch verjficati~n may
· have already J)een ·made at· the time of his' entry into Government
A
-t
8
D
· service: · He should ·alsb ~ot suifer from . the disqualification men·,·
-
-+-
tioned in clause (e) ofRuJe·6. A direct.recruit shall also have'to
·comply with Rule 15 of the. Class I Rules .which provides that ·unless·
he has not already done so, he should pass such departmental examina~
tion nnd within such period as .may be prescribed_by the Go:vernment.
.
.
Rule 6(b) of the Class I Rules provides that "in the case of an
appointment by promotion/ram Class II Service (the officer) has eight
-~ . ·_years completed service in Class Jl and has passed the professional
examination of the /Jepartment .as proyided ili Rul~ 15"~ The question
is whether an officer in the . Cias~ II Service should Satisfy both the
qualification m~ntioned in clause (a) and the qttalific.itions mentioned
•
'in clause (b) of'Rule 6 ofthe Class I Rules or he shcu\\ satisfy oniy
'the qualificc;tions under ylause (b) for purposes of promotion tQ the
Class I Service. If clause {b) of Rule 6 .had contained tl1c words
'also' or 'in addition to what is contained in clause (a)' or ~ny other
word or wo.rds c'onveying tl}at meanit)g, there. would have: been no
difficulty in construing that clause as'then it woulct have c!carly .meant
tha·t an officer ·in the Class II Ser~icc who seeks promotic'n tq,· the
cadre of. Executive Engineers should, possess a degree as provided in·
. I
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.:: ... ~~--=-- ·~~:"'-
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486
. . SUPREME COURT RIJPORTS
(19S4
.l·
A
~la·u~e (a) .unless it has peen waiv·cd hy' the Government ·a;,~
2
::c.a. · ·1
al~o 'sati,;fy the .:onditions mentioned in clause (b). But we ~oQ~Id
· · find any such words in clause (b) o.f Rule 6 o! the Class~ Rule~. Cia ~t
{b) of Rule 6 of the Class I ·Rules opens W!th the words 'in th u .. ~
.
.
II S
•
h
ntlt(d
B
by pr,,m:Jtwn. f rom ~he Class .
erw;c to t c. cadre of E.,~cuti~
o~ an appointmcndt ~~ ?romo1tion .ffrom ClasshJT Service'. !ted~~ . {I
·with a separate an utsl!net c ass o persons w o :rrc to be rcc .
Engineers. The questton whether aU the clauses In Rule 6 .~hould b:
read cumulatively or s~parately d~?end~ upon the structure r.f the
sentences and the contcn1s of the.ddfcrcnt clauses. Ttl Rule 6. l\1: <!->
not have the word 'and' used at the end of any of the clauses (a) to (d) .
. clause (e). being the last one. Clause (c) of Rule 6 d•!als with only
C
di~i!ct recruits and d'JCS not apply to promotccs and that is cle5r by
its languigc. · Clause (d) of Rule. G-app!ies only to direct recruits
who enter the . service for the first time nnd those pcr~ons who are
:- a!re:~dy in· Gov~rnmcnt service and in who~e ca~c th~ vcrific?.tion of
. ·character and a!llcccd~nts ha~ ndt already_ been done, Clause (e) or
Rule 6 can apply only to those who colter the service for the first tim~
D
and cannot apply to. tho~c who arc nlrcady in the Class II Scr~kc
before appointment to the Cla~~ l Service because· there ·is a corr<"S·
·ponding provision ·even in the
Cb~s 11 Rules creating ~ similar
disqualification for being appointed to thu· Governmcl)t sc1vice in
.' ~ulc 7($) of the Cla~s 11 Rul!s.
N<lW wr: are left with clau1cs (a) and
·(b) of Rule 6 of the Class 1 Rules. In Rule 7 of the Class Il Raks
E
(which is .extracted in. the earlier part of this judgment) which nrc
analogous Rules d•:aling with the qualifications for entry into the
Class H Service there is no room for d'JUbt for cbu,;e (I) b<·gins with
the· wonk 'in the case of pcrsnn appointed by ctin!d sccruitnwnt;
c.lause (2) begins with:Jne word~ 'in the cnsc of·appuintmcnt.by promo· "
twn from sources (2} and (3) und~r Rule 6(1)'; cl~u~e (3) begins w•th
F
·the words 'in the case of th1 appointment by promotion from sourL"C
4 un~~r H.ulc 6(1)' and clau~.: (4) begin; with the words 'in the cu~-c.of
appoJntmcnt by tran,fcr'. Each of the abow clauses is ~ppurently
an independent clau~e. It tnfan~ th~t pcr~ons fallinl1 ·unMr one
clau~c do nut r.,n Und·.!rany of the other ~l•t uses and they stand e~ciijdld
G
from the other clauses.
E~ch clau~e d.~· a is with a $p<!cific c!a~'· · E'"n
though the op~ning word; of Rul~ 7 of tl1e Class II Rule; are·~~
pcr~on ~hall be appointed to th\! Service unlc;s )1c" as ilwY are f>~U~'
in Rule 6 of the Cla\s I Rules ulso thc~e words have t>~ be rc~d 1' 1th
'
each of the d~u"·s (I) to.(~) of Rule 7 of the Cl;~s~ it Rules.
lf.~h:
11
>:unc methu'l 1~ ud0ptcd m the c;tse of clau;cs (u) und (b) >~f Ru.
of the Cl:t'1 J Rules, then there wculd be nf• .room for ambiru•t)'.
Clau>c (a) of Ruk 6 5ecm~ to upply 'to direct upp<'lnlmtnts lo the
, . . .... - ~ .. .
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A. S. PARMAR v. HARYANA (Venkataramiah, J.)
487
Class I Service which ordinarily can be to the posts of Assistant Executive Engineers in view of clause (4) of Rule 5 of the Class I Rules and
only in exceptional circumstances for reasons to be recorded in
writing to the posts of Executive Engineers. Clause (b) of. Rule 6
which specially deals with appointments by promotion from the Class II
Service to the posts of Executive Engineers exhaustively deals with the
qualifications of officers to be promoted from the Class II Service .•.
The special clause excludes the application of the general. That
appears to· be the intention of the rule making authority because
elause (a) of Rule 6 deals with educational qualifications and clause (b)
deals with the qualification of experience for eight years in the Class II
Service and the passing of the departmental examination. So far as
direct recruitment through competitive examination is concerned the
. y
minimum educational qualification has to be prescribed in the Class I
~
·
Rules themselves and it is accordingly prescribed by clause (a) of
Rule 6.
So far as recruitment by promotion from the Class II Service·
to the post of Executive Engineer is concerned it is seen that as regards
Class II officers the minimum educational qualifications which they
should possess have been fixed in the Class li Rules where 26 out of
40 vacancies are to be filled up by the holders of degrees in engineering
of recognised universities and the remaining are to be filled up by
promotion from amongst persons with certain educational qualifications and experience of ten years in the· lower cadr'e or such other
experien~ as stated in the Class H Rules.
Rule 6. of the Class T Rule
treats the possession of a degree pi Lis the. selection at the competitive
examination and the passing of the departmental examination after
app:>intment as sufficient for getting into the cadre of Assistant Execlltive Engineers or to the cadre nf Executive Engineers when direct
~ recruitment is made to those posts and the experience in the Class II
\
Service for a minimum period of eight years plus the passing of the
departm~ntal examinations bE/ore promotion of an Assistant Engineer
in the· Class H Serdce a sufficient qualification for promotion to the
cadre of Executive Engineers. We may here note that under Rule 9(3)
of the Class I Rules an Assistant Executive Engineer who i~ recruited
directly to the Crass I Service would not be eligible for promotion
t0 the post of Executive Engineer unless he has rendered five years
service as an Assistant Executive Engineer and has passfd the Departmental Professional Examination as provided in Rule 15 of the Class I
Rules.
The distinction between the two methods of fllling the posts of
Executive Engineers by promotion is now apparent.
Tf that post
i~ to b~ filled up by promoting an Assistant Executive Engineer, the
A .
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488
SUPREME COURT REPORTS
[1984] 2 S.C ..
Assistant Executive Engineer concerned should possess five years.
experience and should have passed the· Departmental Examin~tion
prescribed by Rule 15 of the Class I Rules. If_ that post is to be filled
up by. promotion of an Assistant Engineer in the Class II Service,
the Assistant Engineer to be promoted should possess eight years" ·
experience in the Class II Servjce and should have passed the Departt
mental Examination prescribed by Rule 15. That means that whereas
. an Assistant Executive Engineer who is a holder of a degree need
have onli five years' experience in the
Public Works Department,
an Assistant Engineer in the Class II Service who may or .may not
possess ·a degree should have eight years' experience in the Public
Works Department for being promoted to the cadre Ol Executive
Engineers .. This extra experience of three years appears to have been
treated as being sufficient to make good the deficiency, if anv, that may
arise by reason of the Assistant Engineer in the Class II Service possessi!lg only a diploma and not a degree.
.
Tt is seriously urged that the expertness of the Class I Service
would very much suffer if persons without degrees but with only'
diplomas are allowed to get into it. It is not, however, suggested that
no diploma holder has ever been promoted to the Class I Service in
our country. While we are aware of the difference between the
proficiency of ~ person with a degree who enters service by direct
recruitment and of a person· who is promoted after he has acquired
certain experience in the same kind of work in a lower cadre, we should
state that in administrative and professional services a combination
of high educational qualifications and long experience is
always
preferred so that the services may be efficient by each of them supple-
,· menting the other. Experienced administrators have opine~ that in
the higher cadres of services high educational qualifications alone
or long experience alone would not be in the interests of the public.
_It is true that it is not wise to have only persons with diplomas in all the
posts in the Class I Service. In order to see that there is no lack of
proficiency in the higher posts in the Class I Service, Rule 5(2) of the.
Class I Rules expressly provides that recruitment to the Service sha·n ·
be ·so regulated that the number of posts filled by protmotion from
the Class II Service shall not exceed fift·v p('r cmt of the number of
posts in the Class I Service excluding the posts of Assistant Executive
Engineers. It provides for a healthy blend of the two classes. What
is the effect of this clause ? More than fifty per cent o( the Class I
Service posts would always be held by direct recruits because. the
strength of promotees from the Class II Service cannot be more than
fifty per cent of the total strength of the Class I Service rriinus the
'·
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A. S. PARMAR V. liAR:YANA (Venkataramiah, J.)
. 489
numb~r of A~sistant Executive Engineers. The promotees from the
· Class II Service will, therefore, always be less than fifty per cent of the
total strength of the Class I Service.
Even amongst them 26 out of
40 are graduates because of Rule 6 of the Class II Rules which pres-
. cribes the quota of 'direct recruits who should always be the holders
of degrees. S·J diploma holders who may get into the Class I Service
by prom.:>tion will be only 14 out of 40 promotees. It would be easier
to asc~rtaih llJW tm.ny non-degree holders can get into the Class. I
Service by th~ following illustration. (Note : This illustration is
adopted without reference to the actual strength in the Class I Service).
·.Let us assume that there are 240 Class I posts and out of them 40 are
posts of Assistant Executive Engineers. Then there will be In the
Class I Service :
40
80
Assistant Executive Engineers who a're graduates
(because of Rule. 6(a) of the Class I Rules).
Being 50%- of 200~0-.--160 degree holders (because
of Rule 5(2) of the Class I Rules).
52'
Degree holders at the rate of 26 but of 40 from amongst
80 promotees (because of Rule 6 of the Class II Rules).
.
-
Total : 172
A
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• The balance of 28 posts· alone will be available for diploma
holders. , Can it be said that the 28 -diploma holders with the minimum
·J
q.
length of expe·rience prescribed by clause (b) of Rule 6 of the Class I
Rules who are selected by the Public Service Commission on the basis
of merit and suitability (see Rule 8(4) of the Class I Rules) and with the
edtlcational qualifications they may possess as prescribed by the
Class II Rules would dilute the Class I Service so much that the
efficiency of the Class I Service would. go down to such an extent
that the Class I Service will become unequal to the tasks to be per-
. formed collectively by the entire Service? It has also to be noted
F
that if a Class II officer is found wanting in merit and is otherw~se
G
unsuitaOle, he would not be selected by the Public Service Commission.