Case Note & Summary
The dispute arose from the promotion of certain engineers in the Haryana Service of Engineers Class I, which was challenged by a contesting respondent who claimed that the appellants did not meet the required qualifications for promotion. The appellants were promoted on an ad hoc basis in 1971, but the respondent was not considered suitable for promotion. A committee recommended relaxation of the eight-year service requirement due to a lack of qualified candidates, which was approved by the State Public Service Commission and the State Government. The respondent filed a writ petition challenging the promotions, which was initially dismissed by a Single Judge of the High Court. However, a Division Bench later quashed the promotions, stating that the relaxation power could only be exercised in individual cases. The Supreme Court, upon appeal, held that the power to grant relaxation could be applied to a group of individuals facing similar hardships and that the government had acted within its authority to mitigate undue hardship. The court emphasized that the expression 'in any particular case' allowed for broader application and did not restrict the relaxation to individual cases. The court found that the promotions were valid as they addressed a public interest issue, given the non-availability of qualified candidates. The Supreme Court ultimately restored the Single Judge's order dismissing the writ petition, affirming the legality of the promotions granted to the appellants.
Headnote
A) Administrative Law - Power of Relaxation - Scope of Rule 22 - The power to grant relaxation may be exercised to remove hardship caused to individuals or a group of individuals in a particular situation - Haryana Service of Engineers Class I PWD (Public Health Branch) Rules, 1961, Rule 22 - The court held that the government has the authority to relax rules to mitigate undue hardship and that such power is not restricted to individual cases but can be applied to a group facing similar circumstances (Paras 477G-H, 478D-F). B) Administrative Law - Interpretation of Rules - Meaning of 'in any particular case' - The expression does not confine relaxation to individual cases but allows for broader application to specific situations - Haryana Service of Engineers Class I PWD (Public Health Branch) Rules, 1961, Rule 22 - The court interpreted the term 'particular' to mean specific or limited, allowing for relaxation in cases where strict application of rules would cause undue hardship (Paras 477C-D, 480C). C) Administrative Law - Validity of Promotions - Criteria for Promotion - The court upheld the promotions of the appellants despite their not meeting the eight-year service requirement, as the relaxation was granted to address a public interest issue due to a lack of qualified candidates - Haryana Service of Engineers Class I PWD (Public Health Branch) Rules, 1961, Rule 6(b) - The court found no legal infirmity in the relaxation granted by the State Government, which was necessary to fill vacant positions in the engineering department (Paras 478D-F, 480D-E).
Issue of Consideration
Whether the relaxation granted by the State Government in favor of the appellants for promotion to Class I service was valid under the Haryana Service of Engineers Class I PWD (Public Health Branch) Rules, 1961.
Final Decision
The Supreme Court allowed the appeal, set aside the judgment of the Division Bench, and restored the order of the Single Judge dismissing the writ petition, affirming the legality of the promotions granted to the appellants.
Law Points
- Power of relaxation
- undue hardship
- interpretation of rules
- promotion eligibility
- public interest
- individual cases
- general relaxation
