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The first respondent-Corporation has filed counter- affidavit contending that the Corporation has to be guided by its own rules relating to its Engineering Service though the conditions of service under it could not be less attractive than those prevailing in the CPWD in order that it may attract proper engineering talents. All appointments in the Corporation carrying a minimum salary of less than Rs. 700 per mensem could be made by the Commissioner of the Corporation since 10.1.1975 in accordance with the recruitment rules which have been framed in consultation with the Union Public Service Commission though prior to that date consultation with Union Public Service Commission was essential in the matter of appointment to posts carrying a minimum salary of Rs. 350 and above per mensem. After from Executive Engineers and Superintending Engineers, the Engineering Service (Civil) in the first respondent-Corporation consists of: (1) 450 Junior Engineers in the pay scale of Rs. 425-700, of which 80 per cent is filled by direct recruitment with the minimum qualification of Diploma in Civil Engineering and 20 percent is filled by promotion from amongst Works Assistants already in the service of the Corporation with Diploma in Civil Engineering and minimum experience of two years; (2) 13 Selection Grade Junior Engineers in the pay scale of Rs. 550-900 to be filled by promotion of Junior Engineers on completion of 12 years of service on the basis of seniority and (3) 99 Assistant Engineers in the pay scale of Rs. 650- 1200, of which 50 per cent is to be filled by promotion and 50 per cent by direct recruitment. A Degree in Civil Engineering and two years of professional experience are essential for direct recruits while for promotees from the cadre of Junior Engineers a minimum experience of three years of service for Degree-holders and five years of service for Diploma-holders in the grade of Junior Engineers are essential. Higher posts of Executive Engineers and Superintending Engineers were primarily filled up by promotion of Assistant Engineers and Executive Engineers respectively. These higher posts require better qualifications and experience. For that purpose 50 per cent of posts of Assistant Engineers are reserved for direct recruitment for which a Degree in Civil Engineering and two years of professional experience are essential qualifications.

700 of which 80% is filled by direct recruitment with the minimum qualification of Diploma in Civil Engineering and 20% is filled by promotion from amongst Works Assistants already in the service of respondent 1 with Diploma in Civil Engineering and minimum experience of 2 years;

(2) 13 Selection Grade Junior Engineers in the pay scale of Rs. 550-900 to be filled by promotion of Junior Engineers on completion of 12 years of service on the basis of seniority; and (3) 99 Assistant Engineers in the pay scale of Rs. 650-1200 of which 50% is to be filled by promotion of Junior Engineers and 50% is to be filled by direct recruitment. A Degree in Civil Engineering and 2 years of professional experience are essential for direct recruitment as Assistant Engineers while for promotion as Assistant Engineers from the cadre of Junior Engineers a minimum of 3 years of service for Degree holders and 5 years of service for Diploma holders in the Grade of Junior Engineers are essential. All other higher posts of Executive Engineers, Superintending Engineers and Municipal Engineers are primarily filled by promotion of Assistant Engineers, Executive Engineers and Superintending Engineers respectively. All the appointments in the respondent 1 - Corporation carrying a minimum salary of less than Rs. 700 per mensem could be made by the Commissioner of the Corporation since 10.1.1975 in accordance with the recruitment rules which are framed in consultation with the Union Public Service Commission though prior to that date consultation with the Union Public Service Commission was essential in the matter of appointment to posts carrying a minimum salary of Rs. 350 per mensem and above. Direct recruitment is to be made on the recommendation of the Selection Board to be constituted for the purpose from time to time. Similarly, promotions are to be made on the recommendation of the Departmental Promotion Committee to be constituted for the purpose from time to time. The quota of 50% for promotees amongst Junior Engineers and 50% for direct recruitment from amongst outsiders as well as Graduate Junior Engineers for appointment to posts of Assistant Engineers which are selection posts was fixed by the Recruitment Regulation dated 27.6.1970 made by the first respondent under S. 98 of the Delhi Municipal Corporation Act, 1957, vide resolution No. 97 dated 4 5.1970 in connection with the recruitment for the posts of Assistant Engineers (Civil) and approved by the Lt. Governor, Delhi under section 480 (2) of the said Act read with the Government of India, Ministry of Home Affairs' Notification dated 19.10.1966. The cause of the Graduate Junior Engineers is espoused by the Graduate Junior Engineers Union while the cause of the Diploma holders Junior Engineers is espoused by the Municipal Corporation of Delhi Assistant Engineers (ORG) (Regd.). There is no dispute about these facts except in regard to the quota of 50% for promotee Junior Engineers and 50% for directly recruited Graduate Engineers including Graduate Junior Engineers.

We think that the ratio of this observation applies to the facts of this case in regard to prayer No. 4 and that the petitioners in Writ Petition 1194 of 1979 are not entitled to be treated as a separate class of Junior Engineers.
Prayer No. 6 is to declare that the petitioners Graduate Junior Engineers in the service of respondent 1 are entitled to be put on par with their counterparts in other Government departments, and prayer No. 7 is to direct respondent 1 to grant revised pay scale of Rs. 550-900 to the petitioners in Writ Petition 1194 of 1979 and other Graduate Junior Engineers as in the case of Graduate Junior Engineers in Class III service in other Government Departments. This scale of Rs. 550-900 is of the selection grade of Junior Engineers. There are 13 selection grade posts in the Engineering Service (Civil) of respondent 1. We think that the petitioners are not entitled to these two reliefs also.