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The Army in British India had, as one of its strategic operations, to undertake the survey of the interior and frontier of the country and had, therefore, under it a department wholly manned by military personnel. Ratio |
After Independence and the enactment of the Constitution, this military limb separated from the Defence Forces, was constituted into a Civil Service with the Surveyor General at the apex and a hierarchy below of triple components together making up the Class I service. Ratio |
The Service, in its new dimensions, was manned by civilian and military personnel due to functional imperatives. Ratio |
The entry into the service was at the point of Deputy Superintending Surveyors, save for a category of promotees from Class II, with provision for spiralling up to higher positions. Ratio |
The posts were filled according to Rules framed under the proviso to article 309 on a 50: 50 basis, as between Army engineering personnel dovetailed into the Survey of India and civilians recruited or promoted or otherwise appointed. Ratio |
We miss the service perspective if we do not take a functional glimpse at the operational scale and range of the Survey of India. Ratio |
What was a wholly military department previously reincarnated as the Survey of India, with a civilian inter mix, retained its meta military personality, functionally and personnel wise. Ratio |
In budgetary classifica 1046 tion and administrative charge, the Survey of India was a member of the Agriculture Ministry, of the Education Ministry and currently, perhaps, correctly belongs to the Ministry of Science and Technology which is pervasive enough to embrace Defence and Development. Ratio |
It is not right to regard this Service as a 'uniformed ' service, for it is ambidextrous. Ratio |
But that is not really decisive of the issue before us. Ratio |
What we have to understand is not so much its genetic transmigration as such or pedigree table but the nature of the service the Survey of India is expected to render, its basic functional characteristics, operational capabilities, futuristic uses and, consequentially, its meaningful personnel policy and the conditions... |
In brief, the emphasis is not on the administrative pigeonhole in which the Survey is placed for secretariat or budgetary purposes, nor on its lineage, nor, indeed on the label 'civil ' or 'Defence ' but on the nature of its duties and the relevant pattern of manpower and, most importantly, the concrete conditions of r... |
So viewed, the Survey of India is army oriented. Ratio |
Not merely because of heredity but markedly because of the nation 's potential demands and perennial expectations from this specialised Service, not merely in emergency but to be always on the qui vive. Ratio |
We gather from the affidavit of the Senior Director, on behalf of the Union of India, that the army component is an inalienable requirement of the Survey of India if it is to fulfil its role. Ratio |
He swears: "Some of the reasons for corps of Engineers being one of the sources of recruitment are as follows: (a) Survey of India may need mobilisation in the event of any emergency of war. Ratio |
(b) The Corps of Engineer Officers in Survey of India form the nucleus around which mobilisation can take place quickly. Ratio |
(c) The small element in the Army cannot cater for training and experience, and hence Corps of Engineer Officers are kept in Survey of India which provides the ideal ground for training and experience of these officers during peace so as to keep them fully competent technically in the event of a war or emergency. Ratio |
In order to maintain an adequate balance between military and civilian officers, and to attract the higher type of Corps of Engineer Officers to the Survey of India, 50% of 1047 the total number of posts in the Class I Cadre were earmarked for the Corps of Engineer Officers. Ratio |
" What, then, is the raison d ' etre of this department ? War means advance into or withdrawal from territory. Ratio |
Operations involve identification of topography, climatology, environmentology, location of defence positions, marking of marching and retreating positions and artillery targets and paratroop landing positions, keeping secret strategic centres and sealing them off as out of bounds and a host of other surveys invaluably... |
It is obvious that if this be the functional relevance of the Survey of India, some divisions of it have to be fighting fit, always on the alert, ready to rush to the risk zones and technically capable of teaming with the ground forces in seasons of emergency and occasions of external aggression, before and after. Rati... |
The Survey of India must be geared to the goal of national security if it is to justify itself in a large country of extensive mountain frontiers, border disputes, history of hot war, interior defence lines and military routes. Ratio |
Of course, our imperial masters could afford, at the expense of people 's welfare, to keep such a department as a section of the Armed Forces, idle for long stretches of time but keeping their tools sharp for eventualities. Ratio |
Free India could not. Ratio |
Naturally, the country 's leaders, entrusted with gubernatorial responsibilities in this behalf, hit upon a golden mean of forming a separate Survey of India, no more a wing of Army. Ratio |
The object was understandable. Ratio |
A permanent yet considerable number of technical personnel virtually idle during peace time was a luxury. Ratio |
Nevertheless, an instrument was forged which preserved the military mood of active duty but expanded and expended its sophisticated expertise during years of peace on national needs of other Ministries or States ' requirements. Ratio |
It reflected the duo dexterous roles and mosaic of manpower in its recruitment policy. Ratio |
We see nothing strange in this unorthodox composition, although attempts to interpret the new scheme by familiar Service moulds may mislead, as has happened in the High Court. Ratio |
The Senior Director with reference to current conditions, deposes as affiant of the Central Government: "Reasons for seniority and pay protection for the Corps of Engineer Officers are as follows: (a) They suffer due to lack of higher opportunities of promotion to Brig. Ratio |
Major General, Lt. General 1048 and General by their volunteering for the Survey of India. Ratio |
(b) They can utmost expect to get military pension as a Colonel but not as Brig. Ratio |
and higher which are substantially higher. Ratio |
(c) They lose other perquisites like house rent, concessional electricity and furniture facilities, concessional Form 'D ' facilities, and many other concessions. Ratio |
Unless therefore, they are given protection of seniority and pay in order to partly compensate their losses, no Corps of Engineer Officer would ever volunteer for the Survey of India. Ratio |
These were the considerations for the seniority and pay protection for Corps of Engineer Officers. Ratio |
Even if, for argument 's sake, it is admitted that preferential treatment is given to Corps of Engineer Officers (which it is not), it is done under the rules which have been framed based on the differences between the various sources of recruitment, and the said differences have a reasonable relation to the nature of ... |
Thus, the appointment, and terms and conditions of the Corps of Engineer Officers can legitimately be substantiated on the basis of valid classification. Ratio |
" At this point we must eye at close quarters the Survey of India (Recruitment from Corps of Engineer Offices) Rules, 1950. Ratio |
Primarily, it relates to the recruitment from the Corps of Engineer Officers. Ratio |
The relevant part of Rule 2 runs thus: "2. Ratio |
Recruitment: A Corps of Engineer Officer for appointment to the Survey of India should at the time of appointment normally have not less than three and not more than six years commissioned service, but this rule may be relaxed in exceptional cases. Ratio |
Corps of Engineer Officers shall apply for appointment to the Survey of India to the Military Secretary, through the Engineer in Chief, who will transmit the applications to the Surveyor General. Ratio |
When a military post falls vacant and the Military quota has not been filled the Surveyor General shall nominate an Officer or Officers from the above list. Ratio |
" 1049 This Rule postulates a military quota which takes us straight to Rule 11: "11. Ratio |
Method of recruitment to Survey of India Class I Service. Ratio |
All future recruitment to the Survey of India Class I Cadre will be as follows: 1. Ratio |
From Corps of Engineer Officers 50% 2. Ratio |
From promoted Class II Civilian Officers 25% 3. Ratio |
From direct recruits by competitive exami nation through the U.P.S.C. 25% The military recruits to Class I Service enter the Deputy Superintending Surveyor 's (hereinafter referred to as D.S.S.) position in the Service from where they rise on promotion as Superintending Surveyors (hereafter referred to as SS) Deputy Di... |
These promotion posts are available for all categories of entrants as has been clarified in the later set of Rules called 'The Survey of India (Class I Recruitment) Rules, 1960. ' Before we part with the 1950 Rules, it is necessary to place accent on some aspects of the military officers and their career in the Survey ... |
Their sojourn in this new Department is not an exit from the Army but a long furlough, as it were. Ratio |
For all practical purposes, they retain their military position and remain under military control and are liable to be called back for regular army service. Ratio |
It is a kind of provisional adoption into a different family but with the ties in the natural family kept in tact. Ratio |
A Corps of Engineer Officer will be qualified for recruitment only if he is in commissioned service for between three and six years. Ratio |
Then he is to go through a two year period of probation during which he is to pass tests. Ratio |
If he is not good, he gets back to military duty and even if he makes good, he has an option to revert to military employment. Ratio |
Even after confirmation, the officer may revert during the first 20 years of commissioned service on his own request. Ratio |
Even thereafter, with the approval of the Government he may revert permanently to military duty, save in the case of those who fall under Rule 4(c). Ratio |
If an officer retires from the army that will involve retirement from the Survey of India too, save in the case of those who are Colonels or Lt.Ratio of the decision Colonels, covered by Rule 4(c), and 1050 retires from the army only for the reason that they have attained the requisite age limit. Ratio |
Such persons under Rule 4(d) may continue in the Survey of India until the age of superannuation from civil employment. Ratio |
It is important to note that an officer may be reverted permanently to military duty if he is no longer needed in the Survey of India on account of reduction in strength or unsatisfactory work. Ratio |
He may also be reverted temporarily to military duty for grounds given in Rule 4(f). Ratio |
Another remarkable rule is Rule 8 which speaks of wearing military uniform while in civil employment if the incumbent is willing to observe the courtesies due to military officers of superior ranks. Ratio |
Rule 9 is extremely significant and reads thus: 9. Ratio |
Military Promotion: A military officer in the Survey of India is expected to keep himself efficient as an army officer and will have to pass such promotion examinations, etc. Ratio |
as may be laid down for other military officers of his rank and corps; such military confidential reports will be submitted on him as may be required by the military authorities. Ratio |
Military Confidential Reports will be initiated and submitted in accordance with the procedure laid down in Special Army Order 24/S/51 as amended from time to time. Ratio |
Military officer in the Survey of India will be considered for military substantive promotion in turn with others in their corps and their fitness for such promotion will be judged by their confidential reports. Ratio |
After completing his normal period as a Lt. Colonel an officer will be eligible for promotion to full Colonel and above provided that: (i) he is a substantive Director or above in the Survey of India; (ii) there is a vacancy in the number of posts for full Colonel and above reserved for military officers in the Survey ... |
Rule 10 is also meaningful because the army officers in the Survey of India when they rise to higher positions get equivalent rise in the Army. Ratio |
There is a partial assimilation but a substantial separation persists. Ratio |
Once an Army Engineer, always an Army Engineer, is the gist. Ratio |
Absent integration, article 14 is out of bounds such is the cumulative effect of the Service Rules, 1950 according to the learned Attorney General. Ratio |
We will presently examine his claim which has been rejected by the High Court. Ratio |
Also, the myth of Defence needs and consequent preferences for military recruits. Ratio |
The High Court rightly formulated the crucial question when it stated: Thus, the bone of contention of the respondents is that the very nature of the work undertaken and done by the Survey of India is related to Defence purposes and the officers recruited from the army engineering corps are specially trained for this p... |
This, according to the respondents, is the reasonable connection between the classification and the object that is sought to be served in recruitment to Class I service of the Survey of India. Ratio |
The conclusions reached by the High Court also deserve to be set down at this place to facilitate a clear understanding of our approach and the basic finding of fact reached by the High Court. Ratio |
The respondents have heavily relied upon this finding and have legitimately lashed the appellants ' plea as unpresentable in the face of this finding of fact. Ratio |
The learned Judges observed: This claim, however, is not made out before us. Ratio |
We have already referred to the various affidavits filed by the parties. Ratio |
In the original counter affidavits filed by respondents, the stand taken is that because the rules provide for special privileges, they are being given to the army personnel and so the equality concept is not violated. Ratio |
That is really begging the question. Ratio |
When the petitioners complain that the rules made in this behalf violate the equality concept as enunciated in Articles 14 and 16, it would be futile to reply to that argument by saying that the rules so provide. Ratio |
In the 1052 later affidavits some attempt is sought to be made to point out that the nature of the work carried on by the Survey of India department is essentially connected with Defence of India and that the officers recruited from the Army Corps of Engineers are specially trained for this purpose. Ratio |
On the basis of the material placed before us, we are not inclined to accept that the work done by the Survey of India department is essentially of the nature and character required for defence purposes. Ratio |
From the affidavits and the other material placed before us, it could be seen that the survey work done by the department is mostly concerned with the development projects and preparation of maps for various Ministries, State Governments, public sector projects and other civilian agencies. Ratio |
The annexure filed along with the additional reply affidavit filed by the petitioners show that the Survey of India is a national survey organisation. Ratio |
It appears to have surveyed quite a large number of development projects during the three plan periods. Ratio |
The department might have prepared some maps useful for the Defence purposes. Ratio |
But that is only part of the work and incidental to the nature of the survey it carries on. Ratio |
Its work does not appear to be Defence oriented. Ratio |
The survey done by the department is utilised by several departments of the Central and State Governments, public sector projects and other civilian agencies. Ratio |
It is, therefore, making a tall claim to say that the survey is essentially of Defence nature. Ratio |
Thus, the Survey of India appears to be a civilian department with a civilian budget. Ratio |
Further, whenever there is an emergency there is nothing which prevents or bars the Government of India from calling upon the civilian officers also to serve on the border. Ratio |
It is the stand of the petitioners that if 25 army personnel belonging to the Survey of India were called to the border area in 1962 war, as many as 70 civilian officers belonging to Class I and Class II categories were called to work in the same area. Ratio |
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