M.A. KHAN Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) THE New Delhi Municipal Council (for short NDMC )/respondent No.1 has an Engineering Cadre. The line of promotion is from a Junior Engineer (for short JE ) to an Assistant Engineer (for short AE ) to an Executive Engineer (for short EE ) to a Superintendent Engineer (for short SE ) and then to the Chief Engineer (for short CE ) and the Engineer-in-Chief. From the post of SE onwards only such of the candidates who have degree are eligible. We are concerned in the present dispute with the promotion from a JE to an AE.

(2.) THE entry point for an AE is both through direct recruitment and departmental recruitment. 25 per cent posts are reserved for direct recruitment. A Graduation in Civil Engineering is a qualifying requirement for such recruitment. 75 per cent posts used to filled in through promotion from the post of JE. The entry point for JE was both for diploma holders and degree holders.

(3.) THE effect of the aforesaid modified Recruitment Rules was that out of the 75 per cent posts meant for promotes, 50 per cent of the total posts are for the diploma holders and 25 per cent were for Graduate Engineers. A sub-classification was made for such of the diploma holders who acquired the degree during the course of service. Thus, while a diploma holder was required to have a pre-requisite of eight (8) years service before being considered for promotion to the post of AE, and a University Graduate was entitled to be considered within four (4) years of service in the grade, a JE who while in service acquired the degree in Civil Engineering and served for a period of three (3) years after acquiring such a degree, i.e., from the date of possessing of the degree or five (5) years service whichever is more beneficial to the officer became entitled for consideration for promotion.