UZWAL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are two petitioners who are working as Junior Engineers, one in the National Highway Division and the other in Rural Works Department. They have filed the writ application for a direction upon the respondents the State authorities to prepare a fresh gradation list keeping in mind Letter No.2475, dated 21.02.2008 and ignoring the previous Circular No.5008, dated 22.07.1998 keeping in mind that certain amendments have been brought about by the State themselves by indicating that the seniority is not going to be decided on the basis of date of passing of A.M.I.E. Examination.

(2.) The Junior Engineers have avenues of promotion as Assistant Engineers. There are direct appointees and there are also promotees. Those who are degree holders have been given certain stature in the service but those who acquired qualification subsequently which may also be an equivalent one which in the present case is A.M.I.E., they too are considered for promotion to the next higher post but such promotions are only considered after they acquire the eligibility of five years of service and passing of the said examination. There is no dispute with regard to these two petitioners that they have passed the A.M.I.E. Examination on 15.09.2009 and 14.03.2009 respectively. However, the petitioners' date of joining as Junior Engineer is 29.09.1995.

(3.) These petitioners are not demanding and cannot demand promotion as a matter of right based on the seniority as such for the reason that they did not have or had the requisite qualification for such promotion. They can demand and beget promotion only after they acquire a degree or an equivalent which is A.M.I.E. These two petitioners have acquired such a qualification as noted above in the year 2009.