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DIRECT RECRUIT CLASS II ENGINEERING OFFICERS ASSOCIATION VS STATE OF MAHARASHTRA case brief by harsh gupta

 DIRECT RECRUIT CLASS II ENGINEERING OFFICERS ASSOCIATION VS STATE OF MAHARASHTRA


Brief Facts-


  1. In 1937, the Government of Bombay created two new Provincial Engineering Services known as Bombay Engineering Service Class I and Bombay Engineering Service Class II.

  2. The services included posts of Chief Engineer, Superintending Engineers, Executive Engineers, and Assistant Engineers Class I, and Deputy Engineers Class II.

  3. Recruitment to these services was initially made through nomination from students of the College of Engineering, Pune, or by promoting officers from inferior posts.

  4. In 1960, detailed rules were framed for recruitment, introducing a competitive examination and a quota system for direct recruits and promotees.

  5. From 1960 to 1970, an adequate number of direct recruits were not available, so a large number of promotees were appointed to officiate as Deputy Engineers.

  6. The strength of permanent Deputy Engineers was fixed, and no fresh appointments were to be made to this cadre.

  7. In 1970, new rules were adopted, and seniority lists were prepared for confirmed and unconfirmed officers.


Issue-

The validity of some rules was challenged and successfully struck down as violative of Articles 14 and 16 of the Constitution.

The validity of the 1978, 1982, 1983, and 1984 rules was challenged in the present appeals, special leave petitions, and writ petitions.


Judgment

  1. The court emphasized that seniority should be determined based on continuous officiating after a regular appointment in accordance with the rules applicable for substantive appointments.

  2. The court dismissed all the cases, upholding the principle of seniority and equality under Articles 14 and 16 of the Constitution.

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