N SURESH NATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The Recruitment Rules for the Post of Assistant Engineer in the Public Works Department, Pondicherry, prescribe the educational and other qualifications for appointment by direct recruitment and promotion. For direct recruits, the qualification prescribed is a Degree in Civil Engineering of a recognised University or Diploma in Civil Engineering from a recognised institution with three years' professional experience. For appointment by promotion of Section Officers now called Junior Engineers, the qualification prescribed is as under:-

(2.) The dispute in the present case is whether a Diploma-holder Junior Engineer who obtains a Degree while in service becomes eligible for appointment as Assistant Engineer by promotion on completion of three years' service including therein the period of service prior to obtaining the Degree or the three years service as a Degreeholder for this purpose is to be reckoned from the date he obtains the Degree. The Diploma-holders contend that they are entitled. to include the earlier period and would be eligible for promotion in this category on obtaining the Degree if the total period of service is three years inclusive of the earlier period. The Degree-holders contest this position and contend to the contrary. According to the Degree-holders, these are two distinct categories. In the first category are Degree-holders with three years' service in the grade as Degree-holders, the period of three years being subsequent to the date of obtaining the Degree as in the case of the Junior Engineers, who join the service with a Degree; and the other category is of Diploma-holders with six years experience.

(3.) The Diploma-holder went to . the Central Administrative Tribunal with this contention and the Tribunal has upheld their claim and directed as under: