A. S. PARMAR & OTHERS versus STATE OF HARYANA & OTHERS

A. S. PARMAR & OTHERS versus STATE OF HARYANA & OTHERS

Under the Punjab Service of Engineers, Class I Rules, 1960, possession of a degree is not a prerequisite for promotion from Class II to Class I service. The relevant rule, 6(b), prescribes eight years' service in Class II and passing the departmental examination as sufficient qualification for promotion. Rule 6(a) applies only to direct recruitment.

Parties
Appellants: A. S. Parmar & Others; Respondents: State of Haryana & Others
Jurisdiction
India
Judgment Date
24 January 1984
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated March 3, 1983 of Punjab & Haryana High Court in Writ Petition No. 2018 of 1981
Outcome
Appeals allowed
Legal Topics
Promotion Eligibility, Interpretation of Service Rules, Educational Qualification in Promotion
Service Law Constitutional Law Promotion Eligibility Interpretation of Service Rules Educational Qualification in Promotion

Case Brief

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Parties

A. S. Parmar & Others

Appellants

State of Haryana & Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated March 3, 1983 of Punjab & Haryana High Court in Writ Petition No. 2018 of 1981

Legal Issues

  1. 1 Whether a degree in Engineering is a prerequisite for promotion from Class II to Class I service in Haryana PWD (Buildings and Roads Branch) under the relevant rules
  2. 2 Whether relaxation of degree qualification by State Government for promotion in public interest is valid

Ratio Decidendi

Under the Punjab Service of Engineers, Class I Rules, 1960, possession of a degree is not a prerequisite for promotion from Class II to Class I service. The relevant rule, 6(b), prescribes eight years' service in Class II and passing the departmental examination as sufficient qualification for promotion. Rule 6(a) applies only to direct recruitment.

Court Disposition

Appeals allowed

Orders

  • Judgment of the High Court set aside
  • Writ petition dismissed