HAMRAN SHYILA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. K. Sunar, learned counsel for the petitioner and also Mr. H.S. Thangkhiew, learned counsel for the respondents.

(2.) The petitioners are working in the office of the Public Works Department Government of Meghalaya in the capacity of Junior Engineers Civil (Non-Diploma). Their case in brief is that they are senior in service to the Respondents No. 3 and 4 and, despite that, the respondent authority by the notification dated 20th September, 2004 promoted the private respondents ignoring their seniority. In this writ petition, the aforesaid notification issued by the Secretaiy to the Government of Meghalaya has been challenged with consequential direction for consideration of their case for promotion with retrospective effect. That apart, the vires of Clause-7 of the Meghalaya Engineering (Public Works Department) Service Rules, 1995, hereinafter referred to as the 'Rules', has also been challenged.

(3.) During the course of argument Mr. H.S. Thangkhiew, learned counsel for the respondent authority submitted that the petitioners are not diploma holders in Engineering and they do not possess the requisite qualification necessary for promotion to the posts of Assistant Engineer as provided in Rule 7 read with Para-6 of Schedule-II of the Rules. Mr. Sunar argued that the provisions of Rule 7 and the Schedule are discriminatory and violative of the provisions of Articles 14 and 16 of the Constitution. Mr. Sunar further submitted that no reasonable basis is discemible to justify the classification between the same set of employees working for a considerable length of time and therefore, the provisions of the Rules may be struck down being violative of the Constitution.