LAWS(DLH)-2012-10-211

UNION OF INDIA Vs. S.C. SURLIYA

Decided On October 16, 2012
UNION OF INDIA Appellant
V/S
S.C. SURLIYA Respondents

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 31.08.2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in TA No.1049/2009.

(2.) THE respondent joined as a Junior Engineer with the Department of Telegraph on 06.10.1978. He was a diploma holder and not a graduate in engineering. Subsequently, pursuant to a DPC meeting held on 24.08.1994, the said respondent was promoted as an Assistant Engineer (Civil) on a regular basis w.e.f. 31.08.1994.

(3.) IT is apparent that the amended recruitment rules for promotion to the post of Executive Engineer (Civil) which made the possession of a graduate degree in engineering mandatory did not apply to existing incumbents holding the post of Assistant Engineer (Civil) on a regular basis on the date of the notification.