M B JOSHI Vs. SATISH KUMAR PANDEY

JUDGEMENT

(1.) Special leave granted in all the above cases.

(2.) All the above appeals are disposed of by a common order, as identical questions of law are involved in these cases. For the purpose of understanding the controversy raised in all these cases, we are stating the facts of appeal arising out of Special Leave Petition No. 2507 of 1992. The appellants and the private respondents were Sub-Engineers in Public Health Engineering Department of government of Madhya Pradesh. They are governed by Madhya Pradesh Public Health Engineering (Gazetted) Service Rules, 1980 (hereinafter referred to as 'the Rules'). Under Schedule IV of the Rules, the next higher post for promotion from the post of Sub-Engineers in Civil or Mechanical is the post of Assistant Engineers. The minimum period for a Sub-Engineer to qualify for promotion to the post of Assistant Engineer is 12 years for diploma- holders and 8 years for such Sub-Engineers who obtain degree of graduation in the course of service. Earlier 60 per cent quota for the posts of Assistant Engineers was fixed by direct recruitment and 40 per cent by promotion from the Sub-Engineers, Draftsman and Head Draftsman. By an executive order dated 7/02/1989, quota of direct recruitment was reduced to 50 per cent and the quota by promotion increased to 50 per cent. This 50 per cent quota by promotion with which we are concerned in the above cases has been sub-divided in the following manner:

(3.) In the above cases we are now concerned with the third category of cases which deal with the promotion of Graduate Sub-Engineers completing 8 years of service.