UNNIKRISHNAN CV Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellants are claiming promotion to the post of Superintendent BR Grade-I and Assistant Engineer as per Column 11 of General Reserve Engineer Force Group 'C' and Group 'D' Recruitment Rules, 1982 (hereinafter referred to as 'GREF Rules, 1982' for sake of brevity). Short facts necessary for disposing of this appeal are crystallized as under:

(2.) Non-granting of promotion to Grade-I and Assistant Engineer is said to be the cause of action for filing the Writ Petition (Civil) No. 167 of 2013 wherein it was contended that as per column 11 of GREF Rules, 1982, they are entitled to be promoted to said post which has been denied by Union of India on the premise that column 11 of GREF Rules, 1982 provides that a candidate should possess "Diploma in Civil Engineering" whereas appellants were possessing "Diploma in Draughtsman Estimating and Design". The High Court by Impugned Order rejected the prayer of the appellants on the ground that:

(3.) Mr. Tapas Das, learned counsel appearing for the appellants has vehemently contended that juniors of appellants having Civil Engineering/Electrical and Mechanical Engineering diploma from CME, Pune have been promoted to the post of Superintendent BR Grade-II immediately after passing of diploma from CME Pune and yet Appellants have not been promoted to the higher rank till date. Contending that as per the extant rules, appellants are entitled for the promotional post they have sought for appeal being allowed and prayers sought for in the Writ Petition being granted.