MASON BHIM PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. T. Das, learned counsel for the petitioners and Mr. K.K. Parasar, learned Central Government Counsel, appearing for all the respondents.

(2.) The petitioners' case is that in terms of the General Reserve Engineer Force Group 'C' and Group 'D' Recruitment Rules, 1982, herein after referred to as the 1982 Rules, a Mason can be promoted to the post of Overseer, if he is a matriculate and has 3 years experience as a Mason, besides passing the trade test. He submits that a selection process was undertaken in the year 2009, for selecting candidates for promotion to the post of Overseer and the DPC had accordingly recommended the petitioners, who were masons, for promotion. However, the Ministry of Road Transport and Highways, Border Roads Development Board thereafter issued a letter dtd. 13/5/2010, by which it was stated that sanction had been given by the authority for merger and re- designation of certain existing posts, which included the post of Overseer (diploma holder). The Overseer (diploma holder) post was accordingly merged with the post of Superintendent BR-I and Superintendent BR-II (diploma holder) and re-designated as Junior Engineer (Civil) vide the Ministry of Road Transport and Highways, Border Roads Development Board, General Reserve Engineer Force (Border Roads Organization), Junior Engineer (Civil), Group 'B' Post, Recruitment Rules, herein after referred to as the "2012 Rules", which superseded the "1982 Rules".

(3.) The petitioners' counsel submits that the recommendation made by the DPC for promotion of the petitioners and others, from the post of Mason to Overseer, was not approved by the respondent authorities vide letter dtd. 21/12/2013 issued by the Record Officer, General Reserve Engineer Force due to the reason the post of Overseer was no longer in existence, the proposal for merger of posts being approved in the letter dtd. 13/5/2010.