Holding

Rule 22 empowers the Government to relax service rules to meet a particular situation, including for a class of officers, and the relaxation granted to the appellants was valid.

Summary

The appellants, members of the Haryana Service of Engineers Class II, were promoted to Class I positions despite not meeting the eight‑year service requirement of Rule 6(b). The State Government, invoking Rule 22 of the Haryana Service Rules, relaxed this requirement to address a shortage of qualified officers. The respondent, who was not promoted, challenged the validity of the relaxation and the promotions. The Supreme Court held that Rule 22 allows the government to relax rules to meet a particular situation, which may include a class of similarly situated officers, and that the relaxation was exercised bona‑fide to avoid hardship. Consequently, the promotions were deemed valid and the High Court’s order quashing them was set aside.

Issues considered

The scope of the phrase "in any particular case" in Rule 22 of the Haryana Service of Engineers Rules, 1961
Whether the State Government may grant relaxation of Rule 6(b) to a group of officers rather than only to an individual
Whether the relaxation granted under Rule 22 was lawful and the resulting promotions valid

Legislation cited

Haryana Service of Engineers (Class I) PWD (Public Health Branch) Rules, 1961s. Rule 22, s. Rule 5, s. Rule 6(b), s. Rule 8

Subjects

promotionservice rulesrelaxation of rulesRule 22particular caseadministrative lawpublic serviceHaryanahardship

Judgment

J.C. YADAV & ORS.
A
v.
STATE OF HARYANA & ORS. . "'(
. FEBRUARY 20, 1990

B [K.N. SINGH, T.K. THOMMEN AND N.M. KASLIWAL, JJ.]

Haryana Service of Engineers Class I PWD (Public Health
Branch) Rules, 1961: Rule 22-Power of Government to relax require- ~
ment of any of the Rules-Scope and interpretation of-Meaning of
expression "in any particular case"--Whether power to grant relaxation
may be exercised in case of an :individual to remove hardship caused to
c him or to a number of individuals who all may be similarly placed-
Relaxation of requirement of Rule 6(b) granted to a group of indivi-
duals to meet a particular situation-Validity of.

Words and Phrases-'ln particular case'-Meaning of. +
D
The appointment and promotion to Class I Engineering Service in
the State of Haryana are regulated by the Haryana Service of Engineers
Class I PWD (Public Health Branch) Rules, 1961. Rule 5 provides for
appointment to Class I Service, inter alia, by promotion from Class II
Service. Rule 6(b) prescribed that no person shall be prdmoted unless )..
E be bas completed eight years service in Class II and has passed profes-
sional examination to the d.epartment. Rule 22 confers power on the
Government to relax any of the Rules it may consider necessary.

The appellants and the contesting respondent were members of
the Haryana Service of Engineers Class II in the Public Health Branch.
F In 1971 the appellants were promoted to the post of Executive
Engineers in the cadre of Class I service on ad hoc basis while the
respondent was not considered for promotion. Later, a Committee con-
..,,
stituted under Rule 8 for selecting suitable candidates for promotion to
Class I post, considered the names of the appellants and the respondent
but did not find the respondent suitable. Hence it included the appel-
G lant's names only in the select list. The appellants did not possess the
requisite minimum period of service o_f 8 years in Class II service
but since no other suitable candidates were available, the Committee
recj!mmended to the Govt. for granting relaxation to the appellants. ,._
The State Public Service Commission approved the recommendations.
The State Government accepted the recommendations and appointed
H the appellants to Class I service by a Notification dated May 3, 1973.

470
J.C. YADAV v. STATE OF HARYANA 471

The contesting respondent tiled a Writ Petition before the High
A
Court challenging the validity of the appellants' promotion on the
ground that since the appellants did not possess the requisite qualifica-
tion for promotion to Class I Service their promotions were contrary to
rules.

A Single Judge of the High Court dismissed. the petition holding B
that since the Government had relaxed Rule 6(b) in appellants' favour,
I
their promotions were sustainable in law. On appeal, the Division
·--'; Bench quashed the appellants' promotion on the ground that the State
Government had no authority in law to grant relaxation to the. appel-
lants under ·Rule 22 in a general manner as the power of relaxation
could be exercised only in individual cases to mitigate hardship caused
to an individual. Hence the appeal by special leave.
c
Allowing the Appeal, this Court,

-* HELD: 1. Power to grant relaxation may be exercised in case of
an individual to remove hardship being caused to him or to a number of D
individuals who all may be similarly placed. This power may also
be exercised to meet a particular situation where on account of the
operation of the rules hardship is being caused to a set of individual
officers. [477G-H]

2.1 Rule 22 of the Haryana Service of Engineers Class I PWD E
\Public Health Branch) Rules 1961 confers power on the Government to
di.spense with or to relax the requirement of any of the Rules to the
extent and with such conditions as it may consider necessary for dealing

'
with the case in just and equitable manner. The object and purpose of
conferring this power on the Government is to mitigate undue hardship
in any particular case. If the Rules cause undue hardship or operate in F
~ an inequitable manner, the State Government has power to dispense
with or to relax the requirement of Rules. The Rule does not restrict the
exercise of power to individual cases. The Government may in certain
circumstances relax the requirement of Rules to meet a particular
situation. [477A-BJ
G
2.2; The expression "in any particular case" does not mean that
the relaxation should be confined only to an individual case. One of the
~- meanings of the expression ''particular'' means ''peculiar or pertaining
to a specified person-thing-time or place-not common or general".
-The .meaning of the word 'particular' in relation to law means separate
or special, limited or specific. The word 'case' in ordinary usage means H
472 SUPREME COURT REPORTS [1990] 1 S.C.R.

A ie\'·ent', "happenings', •situation', •circumstances'. The expression
'case' in legal s~nse means ·a case'. •suit' or ·porceeding in Court or
Tribunal'. Having regard to these meanings the expression 'in an~ -i-
particutar case, would mean in a particular or pertaining to an event,
situation or circumstance. [477C-D]
:B
2.3. Rule 22 postulates relaxation of Rules to meet a particular
event or situation, if the operation of the Rules causes hardship. The
scope of the said Rule is wide enough to confer power on the State
Government to relax the requirement of Rules in respect of an indi-
>idual or class of individuals to the extent it may consider necessary fur
dealing with the case in a just and equitable manner. [477E-F]
c
2.4 The power of relaxation is generally contained in the rule>
with a view to mitigate undue hardship or to meet a particular situa-
tion. Many a time strict application of service rules create a situation
where a particular individual or a set of individuals may suffer undue
hardship and further there may be a situation where requisite qualified
D persons may not be available for appointment to the service. In such a
s·ituation, the Government has power to relax requirement of rules. rhe
~tale Government may in exercise of its powers issue a general order
relaxing any particular rule with a view to avail the service of requisite
officers. The relaxation even if granted in a general 1nanner would
cnure to the benefit of individual officers. [477F-G]
E
2.5 Rule 22 is a beneficial one. It must be construed in a liberal
manner and should not be interpreted in a manner to defea! the ver}
object and purpose of such powr. A narrow construction would nullify

'
lhe Government's power of relaxing rules of meet a particular
situation. [480C]
iF
lit Singh & Ors. v. State of Punjab & Ors., [1979] 3 SCR 194 ...,,
diflered;

Ashok Gulati v. B.S. Jain, AIR J 987 SC 424 referred to.

In the instant case, the non-availability of Class II officers in
Engineering Department possessing the necessary and prescribed quali-
fications for promotion to Class I posed a problem for the State
Covernment, as on account of the large scale expansion of Engineering
Department a number of posts in Class I service were lying vacant. A
similar situation prevailed in the Building and Road Branch of Public
Works Department. In the circumstances, the State Government with a
J.C. YADAV 1·. STATE OF HARYANA 473

view to meet the particular situation decided to relax the qualifying
A
length of service to such officers who had completed four years ol
service in Class II. It, therefore, relaxed the requirement of Rule 6(bJ to
the extent that a member of Class II service having four years service
was qualified for being considered for promotion in Class 1 service.
These facts would clearly show that the relaxation had been granted
to particular individuals with a view to meet the situation which B
was in public interest. There is no legal infirmity in the order of
relaxation. [478D-F]

3.l If power of relaxation is exercised on extraneous considera-
tion for oblique purposes or ma/a fide, the Court has power to strike
down the same, but bona fide exercise of power ·of relaxation to meet a
particular situation cannot be held to be arbitrary or illegal. [479A] c
~.2 Since the appellants were found suitable for promotion by the
screening committee, the Commission and the State Government, and a'
the contesting respondent was not found suitable even otherwise for
promotion, the State Government granted relaxation of Rule 6(b I in D
favour of the appellants. In such a situation, it cannot be said that the
power of relaxation under Rule 22 was exercised arbitrarily or that it
caused hardship to any one. In the absence of relaxation, there could be
no promotion to the post of Executive Engineer and the officers who
were found suitable would have suffered great hardship. Therefore, the
State Government with a view to meet the particular situation exercised E
its power of relaxation in appellants' favour. Having regard to the fact>
and circumstances of the case, there is no illegality in the appellants'
promotion, pursuant to· the relaxation granted by the State Govern-
ment.· [480D-E; G-H]

Ashok Gulati v. B.S. Jain, AIR 1987 424; Jit Singh & Ors. v. State F
of Punjab & Ors., [1979] 3 SCR 194 and Ram Sarup v. State of Punjab,
I 1979 J1 sec 168 referred to.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1009
of 1980.
G
From the Judgment and Order dated 15. 1.80 of the Punjab and
Haryana High Court in LP.A. No. 592 of 1975.

P .P. Rao and Jitender Sharma for the appellants.

Rajinder Sachhar, Govind Mukhoty, Dr. Shankar Ghosh, S.C. H
474 SUPREME COURT REPORTS [1990] 1 S.C.R.
'
Mohanta, Mahabir Singh, T.C. Sharma, P.P. Singh, S.K. Verma,
A
C.M. Nayyar and C.V.S. Rao for the Respondents.

The Judgment of the Court was delivered by

SINGH, J. This appeal by special leave is directed against the
8 order of the High Court of Punjab and Haryana dated 15th January,
1980 quashing the Notification dated 3rd May, 1973 issued by the State
Government of Haryana promoting the appellants to the Haryana
Service of Engineers Class I post (Public Health Branch). -
The facts giving rise to this appeal are that the appellants S/Sh.
J.C. Yadav, B.R. Batra, O.P. Juneja, S.L. Chopra, M.S. Miglani,
c C.P. Taneja, Surjit Singh and V.P. Gulati and respondents Vyas Dev
were members of the Harvana Service of Engineers Class II in the
Public Health Branch. Members of the Class ti service are eliglble for
promotion of Class I posts in accordance with the provisions of the
Haryana Service of Engineers Class I Public Works Department
D (Public Health Branch) Rules 1961 (hereinafter referred to as 'the
Rules'). In 1971 the appellants were promoted to the post of Executive
Engineers in the cadre of Class I on ad-hoc basis while Vyas Dev
respondent was not considered for promotion. He made representa-
tion but nothing came out in his favour. Later a Committee was con-
stituted under Rule 8 for selecting suitable members of Class II service
E for promotion to Class I post. The Committee considered the case of
appellants and Vyas Dev respondent, but it did not find the respon-
dent suitable for promotion, his name was not included in the select
list prepared by the Committee while the names of the appellants were •
included therein. The Selection Committee's recommendation was
approved by the Public Service Commission and it was forwarded to
F the State Government. Since the appellants did not possess the requi-
site minimum period of service of eight years' in Class II service as
required by Rule 6(b) and as no other suitable candidates were avail-
able, the Selection Committee made recommendation to the State
Government for granting relaxation to the appellants. The Commit-
tee's recommendation was reiterated by the Public Service Commission.
G The State Government accepted the recommendations and appointed
the appellants to Class I service by the Notification dated May 3, 1973.

Vyas Dev, respondent ·challenged validity of the appellants'
promotion by means for a writ petition under Article 226 of the Con-
stitution before the High Court of Punjab and Haryana on the ground
H that the appellants did not possess requisite qualification for promo-
J.C. YADAV v. STATE OF HARYANA [SINGH. J.I 475

tion to Class I service, therefore their promotions were contrary to A
Rules. His further grievance was that he was not considered along with
the appellants for promotion and he was not afforded opportunity of
hearing before he was superseded. A learned single Judge of the High
• Court dismissed the petition on the finding that the Selection Commit-
tee had considered the case of Vyas Dev along with the appellants for
promotion but he was not found suitable. As .-egards the appellants· B

-
promotions the learned Judge held that since the State Government
had relaxed Rule 6(b) in their favour their promotions were sustain-
able in law. The learned Judge further held that no personal hearing
was necessary to be afforded to Ved Vyas before his supersession. On
appeal by the respondent a Division Bench of the High Court set aside
the order of the single Judge and quashed the appellants• promotions c
on the sole ground that the State Government had no authority in law
to grant relaxation to the appellants under Rule 22 in a general
manner, as the power of relaxation could be exercised only in indi-
~· vidual cases to mitigate hardship caused to an individual. On these
' findings the Division Bench set aside the appellants promotions.
D
The appointment and promotion to Class I Engineering Service
in the State of Haryana are regulated by the Haryana Service of
Engineers Class I PWD (Public Health Branch) Rules 1961. Initially
these Rules had been framed by the Governor of Punjab before the
formation of the Haryana State. There is no dispute that subsequently
the State of Haryana had adopted these Rules and the recruitment to E
Class I service of Engineers in PWD (Public Health Branch) is reg-
ulated by the Haryana Service of Engineers Class I PWD (Public
Health Branch) Rules, 1961 as amended from time to time. Rule 5
provides for appointment to Class I service by direct appointment, by
transfer of an officer already in service or the State Government or of
the Union Government, or by promotion from Class II Service. Rule 6 F
prescribes qualifications for appointment to Class I service. The <ele-
vant provisions of the Rule are as under:

"6: Qualifications: No person shall be appointed to the
.. service, unless he:
G
(a) possesses one of the University Degree or other
qualifications prescribed in Appendix 8 of these rules:

Provided that Government may waive this qualification in
the case of particular officer belonging to Class II Service:
H
476 SUPREME COURT REPORTS [1990) 1 S.C.R.

A (b) in the case of an appointment by promotion from Class
II Service, has eight years completed Class II and has
passed the professional examination of the department ·'i
"

Rule 8 provides for constitution of the Committee for making selection
B

I
for appointment to Class I service by promotion. The Committee is
required to prepare a list of officers suitable for promotion on the basis
of the criteria of merit and suitability with due regard to seniority.
Rule 9 lays down, field of eligibility as well as criteria for promotion to
the post of Executive Engineer, Superintending Engineer and Chief
Engineer. Rule 15 provides for departmental examinations, according
c to this Rule the officers appointed to the Service, Unless they have
already done so, shall pass such departmental examination and within
such period as may be prescribed by the Government. The Rule con-
fers power on the Government to prescribe for any other test in addi-
tion to the departmental examination for promotion or appointment to
any rank in the service. Rule 22 confers power on the Government to
+.
D relax any of the Rules as it may consider necessary. There is no dispute
that none of the appellants had completed eight years' service in Class
II service as required by Rule 6(b) and as such they were not eligible
for promotion to the post of Executive Engineer. On the recommenda-
tion of the Selection Committee and with the approval of the Public
Service Commission the State Government relaxed the requirement of
E eight years' service so far as the appellants were concerned. Conse-
quently, the appellants were promoted and appointed as Executive
Engineers under the Notification dated 3rd May, 1973.
•
The sole question for consideration is whether the relaxation
granted by the State Government in favour of the appellants is valid.
F Rule 22 which confers power on the Government to relax requirement
of Rules, is as under:

"Rule 22. Power to relax ............ Where Govern-
ment is satisfied that the operation of any of these Rules
causes undue hardship to any particular case, it may by
G order dispense with or relax the reg uirements of that Rule
to such extent, and subject to such conditions, as it may
consider necessary for dealing with the case in a just and
equitable manner.

2 ......................... "
H
J.C. YADAV v. STATE OF HARYANA [SINGH, J.J 477

The Rule confers power on the Government to dispense with or
to relax the requirement of any of the Rules to the extent and with A
such conditions as it may consider necessary for dealing with the case
in a just and equitable manner. The object and purpose of conferring
this power on the Government is to mitigate undue hardship in any
particular case, and to deal with a case in a just and equitable manner.

•
If the Rules cause undue hardship or Rules operate in an inequitable B
manner in that event the State Government has power to dispense with
or to relax the requirement of Rules. The Rule does not restrict the
exercise of power to individual cases. The Government may in certain
circumstances relax the requirement of Rules to meet a particular
situation. The expression "in any particular case" does not mean that
the relaxation should be confined only to an individual case. One of
the meanings of the expression "particular" means "peculiar or per- c
taining to a specified person-thing-time or place-not common or
general". The meaning of the word particular in relation to law means
speparate or special, limited or specific. The word 'case· in ordinary
usage means 'event', 'happening', 'situation', ·circumstances'. The
expression 'case' in legal sense means "a case', ·suit' or ·proceeding in D
Court or Tribunal'. Having regard to these meanings the expression 'in
any particular case' would mean; in a particular or pertaining td an
event, situation or circumstance. Rule 22 postulates relaxation of
Rules to meet a particular event or situation, if the operation of the
Rules causes hardship. The relxation of the Rules may be to the extent
the State Government may consider necessary for dealing with a E
particular situation in a just and equitable manner. The scope of Rule
is wide enough to confer power on the State Government to relax the
requirement of Rules in respect of an individual or class of individuals
to the extent it may consider necessary for dealing with the case in a
jusi and equitable manner. The power of relaxation is generally con-
.......
-·
tained in the Rules with a view to mitigate undue hardship or to meet a F
particular situation. Many a times strict application of service rules
create a situation where a particular individual or a set of individuals
may suffer undue hardship and further there may be a situation where
requisite qualified persons may not be available for appointment to the
service. In such a situation the Government has power to relax
requirement of Rules. The State Government may in exercise of its G
powers issue a general order relaxing any particular Rule with a view
to avail the services of requisite officers. The relaxation even if granted
in a general manner would enure to the benefit of individual officers.

The State of Haryana was formed in March, 1966 prior to that it.
was part of the State of Punjab. The service rules relating to Public H
478 SUPREME COURT REPORTS [1990) 1 S.C.R.

A Works Department as applicable to the State of Punjab were made
applicable to Haryana. Rule 6(b) which prescribed qualification for
appointment to Class I service lays down that no person shall be
appointed to the service by promotion from Class II service unless he
has completed eight years' service in Class II and has passed depart-
mental examination prescribed under Rule 15. None of the appellants
B had completed eight years' service in Class JI. In fact no other member
of Class II service possessing the requisite qualifications was available
for selection to Class I post. The respondent no doubt possessed the
I
requisite qualification with regard to the eight years length of service
in Class II but he did not possess requisite educational qualification.
Thus no qualified officer of Class II service was available for promo-
c tion to Class I service although a number of vacancies were existing in
Class I service. Having regard to these facts the Selection Committee
made recommendation for the relaxation of Rule 6(b) in favour of the
appellants, who were found otherwise suitable. The Public Service
Commission also agreed with the recommendation made by the Selec-
tion Committee. The non-availability of suitable Class II officers in
+
D Engineering Department possessing the necessary and prescribed
q ualificationdor promotion to Class I posed a problem for the State
Government, as on account of the large scale expansion of Engineer-
ing Department a number of posts in Class I service were lying vacant.
A similar situation prevailed in the Building and Road Branch of
Public Works Department. In the circumstances, the State Govern-
E ment with a view to meet the particular situation decided to relax the
qualifying length of service to such officers who had completed four
years of service in Class II, it therefore relaxed the requirement of
Rule 6(b) to the extent that a member of Class II service having four
years' service was qualified for being considered for promotion· to
Class I service. These facts would clearly show that the relaxation had
F been granted to particular individuals with a view to meet the situa-
tion, which was in public interest. We find no legal infirmity in the
order of relaxation.

In B.S. Bansal v. State of Punjab and Ors., [1978] 2 SLR 553 a
Bench of the Pun jab and Haryana High Court held that if the power of
G relaxation could be exercised in order to meet a general situation, then
the whole purpose of the Rule would be frustrated and the Govern-
ment would be armed with an arbitrary power which could cause great
hardship to some officers. We have already referred ~o the relevant
facts which show that in the instant case, power of relaxation was
exercised by the State Govenment to meet a particular situation, it did
H not result into any injustice or cause hardship to any one. If power of
J.C. YADAV v. STATE OF HARYANA (SINGH, J.] 479

relaxation is exercised on extraneous consideration for oblique
A
purposes or ma/a fide, the court has power to strike down the same but
exercise of power of relaxation to meet a particular situation cannot be
held to be arbitrary or illegal. In B.S. Jain v. State of Haryana, I 1981] I
SLR 233 the High Court set aside the promotions made in pursuance
of the relaxation granted under Rule 22 placing reliance on the deci-
sion of the Division Bench in B.S. Bansal's case. On appeal, this Court B
in Ashok Gulati v. B.S. Jain, AIR 1987 SC 424 observed that the
findings of the High Court that the State Government could not have
relaxed the condition of passing the departmental professional exami-
nation by taking recourse to Rule 22 which conferred power of relaxa-
tion on the Slate Government could hardly be sustained.

In Jir Singh & Ors. v. State of Pubjab & Ors., [1979] 3 SCR 194 C.
the State Government's order granting relaxation under Rule 14 of the
Punjab Police Service Rules 1959 in respect of the period of service,
was questioned. Rule 14 was almost identical in terms as Rule 22 of the
instant case. In lit Singh's case (supra) promotion of Inspectors to the
post of Deputy Superintendent of Police was involved. Under the D
Police Service Rules 1959 a Police Inspector having six years' con-
tinuous service was eligible for promotion to the post of Deputy
Superintendent of Police. The State Government in exercise of its
power under Rule 14 granting relaxation to Inspectors who had been
found fit for promotion, as a large number of vacancies had occurred
in the cadre of Deputy Superintendent of Police and no suitable E
persons hav_ing the requisite period of servic were available. Promo-
tions made pursuant to the relaxation were challenged before the High
" Court. The High Court dismissed the writ petition on the ground that
the petitioners before it were not qualified for promotion. On appeal
before this Court, the High Court's judgment was upheld. This Court
took the view that since the appellants before it were not eligible for F
promotion as their names were not included in the Select List prepared
by the Public Service Commission and further as they had not comp-
leted si:X years' of continuous service prior to the respondents, they
were not entitled to any relief. The appeal was accordingly dismissed
by this Court. While considering the questi()n of validit)' ofrelaxation,
the Court made observation that Rule 14 did not rermit any gen.era! G
relaxation of the nature ordered by the State Government. The Court,
however, did not examine the matter in detail as it was of the view that
since the appellants in that case were not eligible for promotion they
could not question the validity of the appointment of those.who had
been promoted on the basis of relaxation being granted by the State
Government. The Court upheld the promotions in view of the extra H
480 SUPREME COURT REPORTS [1990] 1 S.C.R.

ordinary situation in which the State Government made appointments
A in derogation of requirement of Rules.

On a careful scrutiny of the Rules in its various aspects we do not
agree with the observations made in lit Singh's case (supra). Though
Rule 22 is not happily worded, as apparently it gives an impression
B that no general relaxation can be granted by the State Government,
out on a close scrutiny of the scope of the power we find that a narrow
construction of the Rules would nullify the Government's power of
relaxing Rules to meet a particular situation. Rule 22 is beneficial in
I-
nature it must be construed in a liberal manner and it should not be
interpreted in a manner to defeat the very object and purpose of such
power. Power to grant relaxation may be exercised in case of an indi-
c vidual to remove hardship being caused to him or to a number of
individuals who all may be similarly placed. This power may also be
exercised to f11eet a particular situation where on account of the opera-
tion of the Rules hardship is being caused to a set of individual
officers. In the instant case the appellants were found suitable for
D promotion by the screening committee, the Commission and the State
Government, and the contesting respondent Yvas Dev was not found
suitable even otherwise for promotion, the State Government granted
relaxation of Rule 6(b) in favour of the appellants. In such a situation,
it is beyond comprehension that the power of relaxation under Rule 22
was exercised arbitrarily or that it caused hardship or injustice to any
E one. On the formation of the new State of Haryana no promotion from
Class II officers could be made to Class I service without granting any
relaxation since 1966 to 1978. In 1971-72 eleven vacancies in the post
of Executive Engineers were filled by promotion from Class II offi.oers
although none of them had completed requisite period of service pre-
scribed by the Rules for promotion. In 1976-77 and 1977-78 sixteen
F and nine vacancies respectively in the post of Executive Engineers
were filled by promotion by granting relaxation as no officer of Class II
service possessing requisite number of years of service was available
for promotion. In 1978-79 seven officers of Class II service were pro-
moted to the post of Executive Engineer but only one of them posses-
sed the requisite period of service and all others were granted relaxa-
G tion. These facts clearly show that in the absence of relaxation there
could be no promotion \o the post of Executive Engineer and the
officers who were found suitable would have suffered great hardship.
In 1973 also the State Government with a view to meet the particular
situation exercised its power of relaxation in appellants' favour. Hav-
ing regard to these facts and circumstances, we find no illegality in the
H appellants' promotions, pursuant to the relaxation granted by the
State Government.
J.C. YADAV v. STATE OF HARYANA (SINGH, J.) 481

In Bonsai's case (supra) the High Court, and even in Jit Singh's A
case (supra) this Court did not set aside the promotions made by the
Government pursuant to relaxation of Rules on the ground that the
petitioner who challenged the promotions was himself not qualified,
and he had no legal right to hold the post in dispute, although in both
these cases Government's order granting general relaxation was held .B
to be outside the scope of Rule 22 and Rule 14 of the Punjab Police
Service Rules l959. In the instant case the High Court has set aside the
appellants' promotions following Bansal's case interpreting Rule 22
but it failed to notice that in that case the High Court did not set aside
the promotions instead it dismissed the petition on the ground that the
petitioner therein was not qualified and none of his rights were
affeted. The High Court failed to notice that Vyas Dev respondent was C
considered for promotion but he was not found suitable, therefore he
was not entitled to any relief. Since no legal right of the respondent
was adversely affected the High Court should not have quashed the
appellants' promotions.
D
On behalf of the appellants an alternative submission was made
that since the appellants had already completed eight years' of service
in Class II service during the pendency of the writ petition their
appointment stood regularised. To support this submission reliance
was placed on the decision of this Court in Ram Sarup v. State of
Punjab, [ 1979] 1 SCC 168. In that case appointment to the post of E
Labour-cum-Conciliation Officer was made in breach of Rule 4 Clause
(I) of the Punjab Labour Service Class I and II Rules 1955 as Ram
Sarup did not possess five years' experience, required by sub-clause (I)
of Rule 4, In spite of that he had been appointed to the post of Labour-
cum-Conciliation Officer. Subsequently, Ram Sarup was reverted on
the ground that he was not qualified to be appointed as a Labour-cum- F
Conciliation Officer as he did not possess the minimum qualification of
length of service. This Court held that the appointment of Ram Sarup
made in breach of Rules was irregular, but not wholly void and since
Ram Sarup had __eompleted five years of experience of working of
1abour laws befpre his reyersion, his appointment to the post of
Labour-cum-Conciliation Officer stood regularised with effect from G
the date he completed five years of service, On these findings order of
reversion was set aside by this Court. Undisputably, the appellants
I completed eight years of service before January 15, 1980, the date on
"(' which the Division Bench of the High Court set aside their promotions.
In view of the principles laid down in Ram Sarup's case (supra) the
appellants' appointment, even if irregular, stood regularised on the H
482 SUPREME COURT REPORTS [1990] 1 S.C.R.

A date they completed eight years of their service and thereafter their
promotions could not be set aside.
··'f_
We accordingly allow the appeal, set aside the judgment and
order of the Division Bench dated 15.1.1980 and restore the order of
the learned siilgle Judge dismi8Sing the respondents' writ petition.
B There will be no order as to costs. ·

N.P.V. Appeal allowed.