K.K. Dixit & Ors. etc. vs Rajasthan Housing Board & Anr. etc.
CA No 8479-8482 of 2014 d/d 5-Sep-2014
1. Prescribing different periods of service for two channels for promotion to same post is not assailable.
http://judis.nic.in/supremecourt/imgst.aspx?filename=41882
Question of Law
CA No 8479-8482 of 2014 d/d 5-Sep-2014
1. Prescribing different periods of service for two channels for promotion to same post is not assailable.
2. Prescription of period of service necessarily implies "after obtaining the requisite qualification".
3. Legal stipulation essential for altering seniority.
Question of Law
Whether Diploma Holder Project
Engineers (Junior) upon acquiring degree
/ qualification of ‘AMIE’ would be entitled to count
their experience of service prior to acquisition of
such qualification for the purpose of eligibility
of 3 years total experience of service for promotion to
the post of Project Engineer
(Sr.) in the quota fixed for Degree Holders?
Whether necessary to maintain two separate seniority lists for Diploma Holders and Degree Holders for
the purpose of promotion in their respective quotas?
The main issue falling for determination in these appeals only relates to what value,
if any, is to be given to the service experience of a diploma holder - turned degree
holder - Project Engineer (Junior) rendered by him as a diploma holder for the
purpose of claiming eligibility for promotion as a degree holder Project Engineer
(Junior) against 20% quota allotted for the degree holders.
Facts :
7. There are four higher posts
in the hierarchy
above the post
of Project Engineer (Senior). All
of them are required to be filled up
only by promotion and require a Degree in Engineering in Civil,
except the post of Resident Engineer just above
that of
Project Engineer (Senior)
which requires filling up “75% by degree holder and
25% by diploma
holder by granting promotion to
eligible Project Engineer (Senior)”.
Column 6 of the Schedule Technical
provides minimum experience
and qualification for promotion to the post of Resident
Engineer as (i)
Degree Holder with 5
years’ experience and (ii) Diploma
Holder with 13
years experience. A diploma holder, as noticed
earlier, is not
qualified for any
further promotion.
8. From the facts available on record it
appears that initially
only diploma holders were appointed under the Regulations to the post
of Project Engineer (Junior) and on
their acquiring the certificate of
AMIE while in service they were to be given benefit of
their past service
as diploma holders in the ratio
of 3:7, i.e., 3 years of their service
with AMIE was treated as 7 years
of service as
diploma holder for
the purpose of eligibility for promotion. ............
Decision :
12. ........The words “category of employees” used in Clause
(9)(B) in the context of the Regulations can only mean category of posts held
by the employees. The word “category” has been used in the context of posts only
in Clause (6) of the Regulations, although in the matter of absorption of
employees working in the Board on deputation. Clause (9)(A) which provides for
promotion when read together with the Schedule Technical leaves no manner of
doubt that in respect of first promotion to higher post, i.e., promotion from post
of Project Engineer (Junior) to Project Engineer (Senior), promotion of eligible
person is required to be made on the basis of seniority-cum-merit. The High
Court has rightly held that the cadre of Project Engineer (Junior) cannot be
bifurcated for the purpose of seniority alone, only on the ground that for
promotion to the cadre of Project Engineer (Senior) there is provision for 20%
quota for degree holders and 30% quota for diploma holders. The practical
view of the High Court cannot be faulted that the Board can legitimately prepare
separate eligibility lists of Project Engineer (Junior) holding degree and those
holding diploma. In absence of any legal stipulation
for altering the initial seniority, pre-determined on the Board can legitimately
prepare separate eligibility lists of Project Engineer (Junior) holding degree
and those holding diploma. Such eligibility list could not be mistaken for
seniority list which must remain common based upon merit assessed at the time
of selection for recruitment. Only if the selection process had been
different, there could have been any scope to argue for separate seniority lists.
In absence of any legal stipulation for altering the initial
seniority, pre-determined on the basis of merit at the time of initial
selection and date of regular appointment, the seniority list cannot be altered
only because some diploma holder Project Engineers (Junior) acquired the
qualification of AMIE equivalent to a degree. The three years’ or seven years’
experience of service will entitle the degree holders and the diploma holders respectively
only for inclusion of their names in the eligibility lists for promotion so as to
work out satisfactorily the provision for different quota for the degree
holders and the diploma holders.
....in the light of two water tight
compartments created for the two classes for promotion with respective quotas
of 20% and 30%, it must be held that three years’ total experience of service
must be service as a degree holder. ...
Project Engineers (Junior)
recruited on the basis of diploma, upon their acquiring the qualification of
‘AMIE’, are not entitled to count their experience of service prior to
acquisition of such qualification for the purpose of eligibility for promotion
to the post of Project Engineer (Senior) against the 20% quota fixed for promotion
of degree holder Project Engineers (Junior). In order to claim promotion
against such 20% quota the three years’ experience of service must be acquired after
obtaining the qualification or degree of AMIE.
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