MANOJ KUMAR DWIVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners have filed this petition against the order dated 24/25-09-2008. By the aforesaid order promotions of 43 Sub-Engineers who were promoted to the post of Assistant Engineers in the quota of degree holder Sub-Engineers were adjusted against the quota of diploma holder Sub-Engineers which is 50%.

(2.) The contention of the petitioners is that due to aforesaid adjustment of posts, chances of the petitioners for promotion to the post of Assistant Engineers have adversely been affected. The petitioners further prayed a relief for their promotion on the basis of the proceedings of the DPC held on 20/08/2008.

(3.) The petitioners were appointed on the post of Sub-Engineers (Civil) on 14/09/1983. As per the Recruitment Rules prevailing at that time applicable to Sub-Engineers named as Madhya Pradesh Public Works Department (Non-Gazetted) Service Recruitment and Conditions of Service Rules 1972 (hereinafter called as "Rules of 1972), there were two categories in the cadre of Sub-Engineers i.e. Sub-Engineers (civil) and Sub-Engineers (Electrical) and Sub-Engineers (Mechanical). The appointment to the post of Assistant Engineer was governed by the Recruitment Rules named as Madhya Pradesh Public Works Engineering (Gazetted) Service Recruitment Rules 1969 (hereinafter called as "Rules of 1969"). In accordance with the aforesaid Rules, 25% post of Assistant Engineers shall be filled up by direct recruitment and 75% by way of promotion from the cadre of Sub-Engineer and draftsman. Out of aforesaid 25% promotional post 50% posts reserved for diploma holder Sub-Engineers and 20% posts reserved for Sub-Engineers holding degree and 5% for draftsman. Diploma Holder Sub-Engineers become eligible to be considered for promotion after completion of 12 years of service whereas graduate Sub-Engineers become eligible for promotion on completion of