UNION OF INDIA Vs. R. C. RANGRAY

JUDGEMENT

(1.) The Union of India through the Ministry of Urban Development and the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel Training (DoPT) as well as the Central Public Works Department ("CPWD") Petitioner Nos. 1 to 3 respectively have filed the present petition challenging an order dated 23rd January, 2015 passed by the Central Administrative Tribunal ("CAT") in OA No. 3553/2010 filed by Respondent Nos. 1 to 8. The CAT in the impugned order issued directions to the Petitioners herein to consider the cases of the Respondent Nos. 1 to 8 for promotion to the post of Executive Engineer (Civil) ["EE (Civil)"] on regular basis from the due date or from the year 1994-95 by applying the ratio of the decision in Rohtas Bhankar v. Union of India, 2014 8 SCC 872 and Superintendant Engineer, Public Health, UT Chandigarh v. Kuldeep Singh, 1997 9 SCC 199.

(2.) The challenge is also to an order dated 11th March, 2016 passed by the CAT dismissing the Review Application No. 230/2015 filed by the present Petitioners.

(3.) The brief facts for the purpose of present petition are that the Central Engineering Services (Group "A") Recruitment Rules, 1954 (hereafter, "1954 RRs") were notified on 21st May, 1954, whereby Assistant Executive Engineer ("AEE") was the feeder grade for the post of Executive Engineer ("EE"). Initially, only such of those AEEs holding a degree in Engineering were eligible to be promoted as EE. In 1972, a proviso was introduced in Rule 21 (3) of the 1954 RRs which permitted a diploma holder AE of "outstanding merit and record" to be considered for promotion to the post of EE. Respondent Nos. 1 and 3 to 7 are SC candidates and Respondent No. 2 is an ST candidate. All of them cleared the Limited Department Competitive Exam ("LDCE") in the year 1982 and were appointed as AE (Civil) in 1983. Whereas, Respondent Nos. 1 to 6 were appointed as AEs on 17th November, 1983, the other Respondents were appointed as such on 13th December, 1983. Each of them is a diploma holder.