LAWS(RAJ)-1988-10-8

KAILASH CHAND GOYAL Vs. STATE OF RAJASTHAN AND CHIEF ENGINEER P H E D RAJASTHAN JAIPUR

Decided On October 06, 1988
KAILASH CHAND GOYAL Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) K. C. Goyal (Petitioner), a Diploma Holder in Mechanical Engineer (Year 1965) & then, A. M. I. E. passed on 8th August, 1976, assails, through this writ petition under Article 226 of the Constitution of India, the constitutional validity of. the amendments in the Rajasthan Service of Engineerings (Public Health Branch) Rules, 1968, (for short, 'the Principal Service Rules' and the Rajasthan Engineering Subordinate Service (Public Health Branch) Rules, 1967, (for brevity, 'the Subordinate Engineering Service Rules' ) made vide notifications dated 30th May, 1977 (Ann. 7), 28th July, 1978 (Ann. 8), 22nd June, 1976 (Ann. 5) and 18th June, 1977 (Ann. 6) as violative of & ultra vires Arts. i4 and 16 (1) of the Constitution of India.

(2.) THE facts, simple enough as they are, have copiously been averred by the petitioner. Shorn of all unnecessary detail, a broad brush factual backdrop will help delineate the controversy.

(3.) FIRST and foremost grievance of the petitioner is that the amendment made in the Subordinate Service Rules, 1967 & the State Service Rules, 1968 could not be given retrospective effect.