HERMAN RANI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This writ petition is directed against the letter No. PHE. 214/96/320, dtd. 12/2/2021, whereby it has been indicated that the petitioner's case does not fulfil the conditions required under the Meghalaya PHE Rules, 1996, for promotion to the post of Assistant Engineer/SDO (Electrical) as he does not possess a '3 year Diploma' from any recognized Government Institution.

(2.) The petitioner's case is that he possesses a 3-year course qualification in Electro Mechanics (Wireman) from Don Bosco Technical School, Shillong, and on 5/11/1987, was temporarily appointed as Electrician and posted at the office of the Executive Engineer (PHE) Mawphlang, which continued for 16 years. On 10/6/2004, the Meghalaya Public Service Commission (MPSC) issued an advertisement for filling up of 10 posts of Junior Engineer Grade-I (Electrical) under the PHE Department and the petitioner accordingly applied, and in the selection process, was placed at Sl. No. 1 in the merit list. Thereafter, as per the Gradation list of Junior Engineers Grade-I (Electrical) dtd. 10/4/2012, the petitioner stood at Sl. No. 2 and one Shri Agustine Nengnong, who it is stated had similar qualifications to the petitioner was placed at Sl. No. 1. Subsequently the said Augustine Nengnong, was promoted to the post of Assistant Engineer/SDO (Electrical) as per the PHE Rules, in 2013. The petitioner it appears due to an active move by other Junior Engineers for a change in the existing seniority list, wherein the petitioner stood at No. 2, filed several representations for retention of the said seniority list which was sought to be altered. In the said representation, reliance was also placed on a judgment dtd. 4/3/2010 passed in WP(C) No. 393 (SH) of 2005, wherein the party aggrieved, who possessed similar qualifications, after being denied promotion to the post of Assistant Engineer/SDO (Electrical) was subsequently granted promotion. Thereafter, it appears a provisional Gradation list was published on 25/6/2020, wherein the writ petitioner was shown at Sl. No. 1, but this was however followed by a letter dtd. 29/6/2020 issued by the respondent No. 6, that qualifications of the Junior Engineers be shown as '3 years Diploma in Electrical Engineering' instead of only 'Diploma in Electrical Engineering' and of the petitioner to be shown as '2 years ITI Certificate Holder'.

(3.) Being aggrieved thereby, the petitioner is before this Court that it is not permissible under law for a person falling in the same group to be classified differently for the purpose of promotion, and that there is no basis to consider a 3-year Diploma a higher qualification than a 2-year Diploma course.