RAKESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is presently working as Superintendent, E&M Grade-II in the General Reserve Engineer Force - Group C, hereinafter referred to as "the GREF". The petitioner joined the GREF in 1984 as Charge Mechanic. He was deputed for Diploma Course in Electrical and Mechanical Engineering to the College of Military Engineering, Pune in 1990. He had successfully completed the course by obtaining First Class. Presently he is aggrieved because some of his juniors in the rank of Superintendent, E&M Grade-II have been promoted to Grade-I whereas his case for promotion has not been considered on the ground that he is a diploma holder of two years' course from the College of Military Engineering

(2.) The respondents in their affidavit-in-opposition denied the contentions raised by the petitioner and reiterated that the petitioner being a diploma holder in Electrical and Mechanical Engineering in two years' course was not entitled for consideration for promotion to Grade-I. According to them, it would not be feasible to promote the writ petitioner unless the Recruitment and Promotion Rules of 1982 are amended to facilitate promotion of diploma holders of two years' course.

(3.) It would appear that this Court in similarly situated circumstances in Writ Petition (C) No. 92 of 1999 (Aizawl Bench), (Sri Somarajan K.-Vs-Union of India & Ors.) observed that some officers who were diploma holders from the College of Military Engineering, Pune were promoted to the post of Superintendent Grade-I. This observation was made on the basis of Annexure-13 of that case, the list of officers. It was further observed that the promotions were made con different dates before and after the amendment of the Rules of 1982 carried out in May, 1996. After consideration of various aspects of the matter, the Court directed the respondents to consider the case of the writ petitioner of that case for promotion to Grade-I in the same manner as has been done in respect of the officers.