SUNIL DUTT Vs. STATE OF HP

JUDGEMENT

(1.) The brief facts of the case are that applicants joined the respondents as Junior Engineers in the years 1980 and 1981 after obtaining degree in Engineering. As per Recruitment & promotion Rules, 1972 for the post of Assistant Engineers which is a promotion post, the relevant provision governing the promotion of Junior Engineers provided that 60% post of the Assistant Engineers would be; filled in by promotion as under: Rule II: Promotion: (i) From amongst sectional officers having 7 years regular or adhoc service or both as such and unqualified sectional officers with at least 15 years regular or adhoc service or both as such..........45%. (ii) Draftsman cadre, who have passed at least matriculation or its equivalent examination and passes a two years diploma in Draftsman course from a recognised institution having 10 years regular or adhoc service or both as such............5%. (iii) From amongst the Graduate Junior Engineers having three years regular or adhoc service or both as such and those Junior Engineers who have passed section A&B of AMIE with 5 years regular or adhoc service or both as Junior Engineer............. 10%

(2.) Thus according to sub Rule (iii) of Rule 11, Junior Engineers from two categories were eligible for promotion to the post of Assistant Engineers in the 10% quota - (i) Graduate Junior Engineers having three years regular or adhoc service or both; (ii) diploma Holder Junior Engineers who have passed Section A&B of AMIE with five years of regular service.

(3.) Subsequently Sub Rule (iii) of Rule 11 was amended on June 11, 1984 and the amended Rule read as follows: "(iii) From amongst the Graduate Junior Engineers (University Graduate or AMIE) having 3 years regular or adhoc service rendered upto 31.12.1983 or both as such................10% NOTE: For purpose of promotion three years regular or adhoc service rendered upto 31.12.83 shall be counted from the date of appointment of the Graduate Junior Engineer and from the date of passing sections A & B of AMIE Examination by in service Junior Engineer, respectively".