HC directs MCD to prepare fresh seniority list of engineers

New Delhi, July 23 (UNI) The Delhi High Court today directed the Municipal Corporation of Delhi (MCD) to prepare a fresh seniority list of engineers in accordance with the Supreme Court order passed in 2007 defining that services of a junior engineer cannot be equated with those of a diploma-holder.

A Bench comprising Chief Justice M K Sharma and Justice Sanjiv Khanna, hearing the writ petition of few engineers of the MCD seeking recourse to the grievances regarding their promotions and seniority list, ruled that the corporation should follow the rules laid down by the Supreme Court and prepare a fresh seniority list within three months and circulate the copy of the action taken report to all the engineers for compliance. The aggreived engineers can approach the court by October 4.

Sandeep Sethi, lawyer for the engineers (degree holders) approached the High Court stating that the MCD is not following the rules laid down by the Supreme Court and is promoting the diploma holder engineers (who later got an engineering degree)in the same manner as them, which should be stopped.

Supreme Court Bench comprising Justice B N Agrawal, Justice P P Naolekar, Justice Lokeshwar Singh Panta on April 17, 2007 had ruled, ''service experience required for promotion from the junior engineer to the post of assistant engineer by a degree holder in the limited quota of degree holder junior engineer cannot be equated with services rendered as a diploma-holder nor can be substituted for services rendered by a degree holder. When the claim is made from a fixed quota, the eligiblity condition for promotion has to be complied with. The 25 per cent specific quota is fixed for degree-holder junior engineer with the experience of three years.

Thus on a plain reading, the experience so required would be as a degree-holder junior Engineer.

The Supreme court further ruled that 25 per cent quota under the rule is assigned to degree holder junior engineer with three years' experience whereas for diploma holder junior engineer eight-year experience is the requirement in their 25 per cent quota. The court further ruled that since there is water tight compartment for graduate junior engineers and junior-engineers and diploma holder junior engineers, they are entitled for promotions in their respective quotas.

The Court added that 'as a necessary corollary, diploma holder junior engineers who have obtained a degree during the tenure of service, would be required to complete three years service on post after having obtained a degree to become eligible for promotion to higher post if they claim the promotion in the channel of degree holder junior engineer, there being a quota fixed for graduate junior engineer and diploma holder junior engineer and diploma holder junior engineers for promotion to the assistant engineers.' The Supreme Court had transferred all the petitions to the High Court and directed that these be decided in accordance with the law laid down by them.

UNI