UNION OF INDIA Vs. HUKUM CHAND

JUDGEMENT

(1.) The petitioner has challenged the order dated 18th August, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in T.A No.1046/2009 titled Sh. Hukam Chand v. Chairmen & M.D., Rites Ltd and others allowing the petition of the respondent and quashing the order dated 7th March, 2008 passed by the petitioners declining to regularise the respondent as Deputy GM (Electrical) on the ground that the degree issued to him by the Indian Navy is not a recognised degree of Electrical Engineering and therefore, respondent cannot be appointed to the regular post of Deputy GM though he was appointed earlier as Deputy GM (electrical) on contractual basis on the basis of same degree awarded by Indian Navy.

(2.) Brief facts to comprehend the disputes are that the respondent had retired as Chief Petty Officer from Indian Navy. Before retirement he had served in the electrical branch of Indian Navy since 17th July, 1967 and had successfully completed the technical courses conducted in the Naval Electrical Engineering Institute INS Valsura-Jamnagar (Gujarat). The respondent also had 15 years of practical experience and therefore, a degree equivalent to degree in electrical engineering was awarded to him. He was held to be eligible for the post where technical qualification of degree in Electrical Engineering is required or diploma in Electrical Engineering with 5 years of experience in appropriate field is the requirement. The degree was awarded by the Indian Navy in electric engineering in the same manner as graduation degrees are awarded at NDA and IMA courses in Defence.

(3.) After retirement pursuant to a public notice, the respondent applied for the post of DGM (Electrical). The degree which was issued by Indian Navy to the respondent was considered and accepted and he was appointed to the post of DGM (Electrical). The appointment of the respondent was, however, on contract.