CHANDIGARH ADMINISTRATION Vs. VIPIN GUPTA AND ANOTHER

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges order dated 15.3.2010 (P-8) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, 'the Tribunal'), allowing the Original Application being O.A. No. 19-CH-2010 filed by the applicant- respondent No. 1, determining his eligibility for promotion to the post of Executive Engineer in terms of the provisions of the Punjab Service of Engineers (Civil Wing), Department of Public Works (B and R Branch) Group 'A' Service Rules, 2005 (for brevity, 'the Rules') and directing the Chandigarh Administration-petitioner to consider his case for promotion to the post of Executive Engineer and to pass appropriate orders within a period of three months from the date of receipt of a copy of the order.

(2.) Brief facts of the case are that on 5.9.1977, the applicant-respondent No. 1 joined as Building Inspector with the Chandigarh Administration. As a result of merger of the post of SDO (Building Branch) with the office of Chief Engineer, Construction Project, U.T. Chandigarh, the applicant-respondent become part of the Engineering Department of Union Territory, Chandigarh and became an Assistant Engineer with effect from 22.10.2000. The past service rendered by him was ordered to be counted towards the seniority along with consequential benefits. The applicant-respondent No. 1 also possessed the Degree of AMIE, which is equivalent to Degree in Civil Engineering.

(3.) The services of the applicant-respondent No. 1 are concertedly governed by 'the Rules'. Rule 3 provides that the Service would comprise the posts specified in Appendix 'A' of the Rules. Rule 6 of the Rules stipulates that appointments to the Service are required to be made in the manner specified in Appendix 'B'. Sub-rule (2) of Rule 6 prescribes that no person could be appointed to a post in the Service unless he possesses the qualifications and experience as specified against the post in Appendix 'B'. In terms of sub-rule (3) of Rule 6, appointment to the Service by promotion has to be made on seniority-cum-merit basis, but no person can claim promotion on the basis of seniority alone. As per Appendix-'B' the next higher post for promotion from the post of Sub Divisional Engineer is that of Executive Engineer, which is to be filled in by hundred per cent promotion from amongst the Sub-Divisional Engineers, who have an experience of working as such for a minimum period of eight years.