RANJIT SARKAR DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the order, dated 19.2.2010, passed, in Original Application (in short, 'OA') No. 49/2009, by the learned Central Administrative Tribunal, Guwahati Bench, dismissing the OA, the applicant, in the OA, has filed this writ petition, under Article 226 of the Constitution of India, seeking appropriate relief. The material facts, giving rise to the present writ petition, may, in brief, be set out as under:

(2.) Before proceeding further, it also needs to be noted that with the merger of the post of Superintendent (B & R) Gr-I and Superintendent (B & R) Gr-II and re-designation thereof as Junior Engineer, the qualification, required to be possessed by a junior engineer, for the purpose of promotion to the next higher post of Assistant Engineer, was prescribed as either a degree in civil engineering with 3(three) years of service or diploma in civil engineering with 5(five) years of service. The petitioner did not, admittedly, hold either a degree or diploma in civil engineering.

(3.) Merely because of the fact that the petitioner had passed the procedural examination, he was, according to the learned Tribunal, not entitled to the second financial up-gradation, when he did not possess the requisite educational qualification and, with the conclusion, so reached, the learned Tribunal dismissed the OA filed by the petitioner. Aggrieved by the dismissal of his OA, as already indicated above, the petitioner is, now, before us with this writ petition made under Article 226 of the Constitution of India.