1993 (11) TMI 253 - SC - Indian Laws

Summary

Issues Involved:
1. Eligibility criteria for promotion from Junior Engineer to Assistant Engineer.
2. Validity of the selection process for promotions.
3. Applicability and interpretation of the office memorandum dated January 7, 1980.
4. Regularization of ad-hoc promotions.
5. Clarification of conditions of service for different branches of the Public Works Department.

Issue-wise Detailed Analysis:

1. Eligibility Criteria for Promotion from Junior Engineer to Assistant Engineer:
The eligibility criteria for promotion from Junior Engineer to Assistant Engineer were initially governed by the United Provinces Service of Engineers (Building and Roads Branch) Class II Rules, 1936, which required a Junior Engineer to be confirmed, possess A.M.I.E./B.E. qualifications or pass a qualifying examination, and have 10 years of service. The Government Order dated December 3, 1964, also prescribed similar rules for the Electrical and Mechanical branches. However, the office memorandum dated January 7, 1980, amended these criteria, reducing the required service period to seven years for certain candidates.

2. Validity of the Selection Process for Promotions:
The selection process for promotions conducted by the State Government in 1983 was challenged on the grounds that it excluded Junior Engineers with seven years of service, as per the memorandum. The High Court set aside the selection, deeming it illegal for not including these candidates. However, the Supreme Court found that the selection process adhered to the existing rules requiring ten years of service and upheld the selection made by the State Government in 1983.

3. Applicability and Interpretation of the Office Memorandum Dated January 7, 1980:
The High Court interpreted the memorandum as superseding earlier instructions and reducing the eligibility criterion to seven years. The Supreme Court disagreed, stating that the memorandum did not specifically apply to the Electrical and Mechanical branches and was intended as a policy decision for future implementation. The memorandum did not amend the existing rules or explicitly modify the Government Order dated December 3, 1964. It was concluded that the memorandum was not meant to lay down conditions of service but to propose future policy changes.

4. Regularization of Ad-hoc Promotions:
The Supreme Court directed that Junior Engineers holding ad-hoc Assistant Engineer positions be considered for regularization under the Uttar Pradesh Regularisation of Ad-hoc Promotions (on posts within the purview of the Public Service Commission) Rules, 1988. Those not covered by these rules should undergo a regular selection process, and successful candidates would be appointed from the dates of their initial ad-hoc appointments.

5. Clarification of Conditions of Service for Different Branches of the Public Works Department:
The Supreme Court noted the lack of clear conditions of service for the three branches of the Public Works Department. It recommended that the State of Uttar Pradesh establish clear and certain conditions of service either through executive instructions or statutory rules to avoid future ambiguities.

Judgment Summary:
The Supreme Court allowed the appeals, set aside the High Court's judgment, and upheld the 1983 selection process. It declared the select list valid and operative, stating that the memorandum did not lay down conditions of service for the Electrical and Mechanical branches. The Court directed the regularization of ad-hoc promotees and recommended the State to clarify the conditions of service for all branches of the Public Works Department. The matters were disposed of with no costs.