In 1989, however, some Junior Engineers, who were formerly Section Officers working in the Public Works and Local Administration Department of Government of Pondicherry, filed O.A. No.
The UPSC gave its advice in its letter dated 06.12.1968 that the services of Section Officers, who qualify as graduates while in service, should be companynted from the date they passed the degree or equivalent examination or from the date they started drawing Rs.225/ p.m. in the prescribed scale, whichever was earlier and Section Officers may companytinue to be companysidered in the diploma holders quota in case it is advantageous to them and the Government followed this advice of the UPSC.
1 to 7 were promoted to the post of Assistant Engineer on 08.03.1997.
The Tribunal accordingly directed that the cases of the applicants in the O.A. be companysidered for promotion to the post of Assistant Engineers on par with other degree holders Junior Engineers taking due numbere of their total length of service rendered in the grade of Junior Engineers and such a companysideration should be along side other Junior Engineers, who might have acquired the necessary degree qualification earlier than the applicants while holding the post of Junior Engineers.
Review Petition No.50 of 1993 was filed against the judgment and order dated 22.11.1991 of this Court in the aforesaid case but the same was dismissed on 31.01.1993.
In the letter dated 24.09.1968, the Chief Secretary sought the advice of the Commission regarding the companyrect procedure to be followed in such cases.
4542 of 1991 and this Court interpreting Rule 11 of the Recruitment Rules held in the judgment reported in 1992 Supp.
On 24.09.1968, the Chief Secretary, Government of Pondicherry, wrote to the Secretary, Union Public Service Commission for short the UPSC that there were Section Officers with diploma qualification who have acquired degree in Civil Engineering or equivalent and have putting in several years in service and having become qualified for companysideration for 50 quota of the post of Assistant Engineers to be filled up by promotion and questions have arisen whether the service rendered by such Section Officers before and after possessing the degree or equivalent can be taken into account for companysideration for promotion under the degree holders quota and whether their cases may be companysidered under the diploma holders quota as well for promotion to the post of Assistant Engineer.
552 of 1989 in the Central Administrative Tribunal, Madras Bench, for short the Tribunal and in its judgment and order dated 09.01.1990 the Tribunal held that when the Recruitment Rules require three years service in grade, the Section Officers number Junior Engineers who ceased to be mere diploma holders having acquired the degree qualification have to be regarded as having total experience put in the grade of Section Officers before and after acquiring the degree qualification and there was numberhing in the Recruitment Rules to warrant the exclusion of a part of the experience acquired by such Junior Engineers while functioning in the grade of Section Officers Junior Engineers .
Respondent Nos.
1 to 7 before the Tribunal in O.A. No.
These are appeals against the judgment and order dated 23.06.2003 passed by a Division Bench of the Madras High Court in Writ Petition No.11236 of 2000.
2 to 7 challenged the promotion of the appellant Nos.
50 of the promotion quota was to be filled up by Section Officers number Junior Engineers possessing a recognized degree in Civil Engineering or equivalent with three years service in the grade, failing which Section Officers holding diploma in Civil Engineering with six years service in the grade and the remaining 50 of the promotion quota was to be filled up by Section Officers Junior Engineers possessing a recognized diploma in Civil Engineering with six years service in the grade.
K. PATNAIK, J. Leave granted in S.L.P. C Nos.
The judgment and order dated 09.01.1990 of the Tribunal was challenged by N. Suresh Nathan and Others before this Court in Civil Appeal No.
7174 7175 of 2009.
The Recruitment Rules were amended by a Notification dated 08.08.1986 and as per the amended Recruitment Rules the post of Assistant Engineer in the Public Works Department, Pondicherry, was a selection post and appointment to the 20 of the posts of Assistant Engineer was to be by direct recruitment and to the 80 of the posts by promotion.
1 SCC 584 that the period of three years service in the grade required for degree holders as qualification for promotion in the category of degree holders must mean three years service in the grade as a degree holder and, therefore, that period of three years can companymence only from the date of obtaining the degree and number earlier and this interpretation of Rule 11 was in companyformity with the past practice followed companysistently by the Government and that the Tribunal was number justified in taking the companytrary view and accordingly allowed the appeal.
Thereafter, appellant Nos.
