Service Prior To Acquiring Degree Can't Be Counted For Promotion To Post Of Assistant Engineer: SC

Subject: Service Law, Promotion, Seniority, Qualification, Time period of service, Degree holders, Diploma holders

The Supreme Court of India has ruled that the time period served as a Junior Engineer before or after acquiring a degree is not relevant for eligibility for promotion as an Assistant Engineer. The bench comprising Justices Sanjay Kishan Kaul, Abhay S. Oka, and Manoj Misra, held that for the purpose of eligibility for promotion, diploma holders can count their service prior to acquiring their degree.

The decision came in a case related to the promotion of Junior Engineers to the post of Assistant Engineer in the Electricity Department of the Union Territory of Puducherry. The controversy arose over whether the time period served by diploma holders as Junior Engineers prior to obtaining a degree could be counted towards eligibility for promotion.

The Court examined previous judgments on the issue, including the case of C. Chakkaravarthy & Ors. v. M. Satyavathy, IAS & Ors. It held that promotion to the post of Assistant Engineer should be based on merit alone, and that seniority of candidates cannot be taken into account for determining merit. The Court also noted that the relevant rule did not specify from which date the time period of regular service had to be counted.

Accordingly, the Court upheld the view taken by the High Court that there is no distinction between the time period served before or after the acquisition of the degree, so long as the degree is acquired and is the basis for consideration of the promotion. The Court held that for all the reasons in the case of the Electricity Department in question, the view taken in D. Stephen Joseph is applicable law, and dismissed the appeals.

The case referred to several previous judgments on the issue, including D. Stephen Joseph, Satpal Antil v. Union of India, Anil Kumar Gupta, A.K. Raghumani Singh v. Gopal Chandra Nath, and Pramod K. Pankaj v. State of Bihar. The Court also noted the relevance of past practice in interpreting service rules, as discussed in the case of Shailendra Dania & Ors. and M.B. Joshi.

Date of Judgement: May 08, 2023

VALSAN (D) THR. LRs. & ORS. vs KANAGARAJ & ORS.  

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