M R SHAHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The facts of this case lie in a harrow compass. The petitioner in this case Shri Shahi studied at the Delhi Polytechnic and passed the National Certificate Examination in Electrical Engineering held by the All India Council for Technical Education in Oct., 1959. The petitioner's case is that the National Certificate in Electrical Engineering obtained by Him is equivalent to Diploma in Engineering and is recognised as such. The petitioner was thereafter appointed by the order dated March 1, 1960 as Electrical Overseer in the Public. Works Department (Building & Roads) of the Government of Rajasthan (herein after referred to as the P.W. D'), in the grade of Rs. 90--300 He was given a higher start of Rs. 115.00 on the aforesaid post by the order of the Super intending Engineer, P.W.D. dated, Sept. 12 1960, as be was considered as a Diploma holder, The petitioner continued to hold the post of Electrical Overseer until by the order of the Chief Engineer, P.W.D dated Dec. 18, 1974 he was appointed as an Engineering Subordinate (Electrical) on the basis of the recommendation of the Screening, Committee constituted under Rule 4 of the Rajasthan Engineering Subordinate Service (B & R Branch) Rules, 1973.

(2.) The respondent No. 3, Shri Soni studied at the Government polytechnic, Dehradun for a period of two years and passed the examination of Electrical Supervisor, conducted by the Director of Industries, U.P in the year 1959. Soni was selected by the Rajasthan Public Service Commission (hereinafter referred to as 'the Commission') for the post of an Overseer, & he was appointed as a temporary Overseer with effect from Sept. 25, 1959 He was later on confirmed on the post of Engineering Subordinate by the order of the Chief Engineer, P.W.D, Rajasthan dated Sept. 29. 1970 with effect from Jan. 1, 1961. By the order dated Nov. 29, 1969 Soni was promoted as Assistant Engineer in a temporary capacity with effect from Sept. 27, 1969. He was thereafter selected by the Departmental Promotion Committee for the post of Assistant Engineer (Electrical) and was appointed on the aforesaid post on one year's probation, by the order of the State Government dated Dec. 24, 1973 Subsequently Soni was also confirmed on the post of Assistant Engineer (Electrical) by the order of the State Government dated Aug. 20, 1974 with effect from June 24, 1874.

(3.) The contention of the learned Counsel for the petitioner is two fold In the first place, learned Counsel argued that Soni was not a diploma holder & was, therefore, not eligible for promotion to the post of Assistant Engineer (Electrical) in the year 1969, as he did not then possess 15 years' experience as an Engineering Subordinate (Electrical) and as such his promotion to the post of Assistant Engineer was illegal and void The second contention of the learned Counsel is that the State Government did not recognise the Certificate obtained by Soni from the Dehradun Polytechnic as equivalent to a Diploma from a recognised institution.