HC quashes promotion of 73 degree holder PWD jr engineers

Allahabad, Nov 7 (UNI) In a landmark judgement, Allahabad High Court has quashed about 73 promotions of degree holder junior engineers on the post of assistant engineers in PWD.

In a 123 pages order, a division bench comprising Justices V M Sahai and Sabhajeet Yadav held that out of these promotions, some promotions were made in a separate quota for promotion in earlier existing rules, in favour of degree holder junior engineers.

The rules regarding separate quota of promotion for degree holder junior engineers contained in Uttar Pradesh Services of Engineers (Building and roads branch class 11 rules 1936) as amended in 1987 and 1997 had been declared ultra vires of provisions of articles 14 and 16 of the constitution of India by a division bench of this court in Aruvendra Kumar Garg case decided on March 23, 2002.

The SLP filed against the said decision has also been dismissed as withdrawn by the apex court.

While considering the impact and implication of the aforesaid decision rendered by earlier division bench of this court in Aruvendra Kumar Garg's case, the present division bench of this court has held since the law pertaining to separate quota for promotion for degree holder junior engineers has been declared ultra vires of part 111 of the constitution, therefore, it is void ab-initio under article 13[2] of the constitution from its inception as promotions made under stil born law, therefore, no right and oblligation arises from the aforesaid provisions of rules.

Amongst aforesaid promotions, about 73 promotions of degree holder junior engineers were made in the whole quota of promotion available to both, diploma holder and degree holder junior engineers in total disregad of rule 12 of 1936 rules.

This rule prescribes criteria for promotion seniority subject to rejection of unfit on the ground that since the diploma holder junior engineers are ineligible to be considered for promotion, therefore, the post was to be filled up by degree holder junior engineers.

The court held that admittedly the test prescribed for qualifying examination of diploma holder junior engineers has not to be held for about 30 yrs.

Therefore, holding the aforesaid diploma holder junior engineers ineligible for consideration for promotion on the post of assistant engineers without holding qualifying examinatin by respondent is wholly arbitrary, erroneous and misconceived and cannot be sustained.

The court has also quashed government notification of February 2, 2006 whereby the public service commission was requested to hold examination for selection of assistant engineer through direct recruitment method under old 1936 rules.

UNI XC VS SI DB2044