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Gauhati High Court · body

2002 DIGILAW 5 (GAU)

Rakesh Kumar v. Union of India

2002-01-03

D.BISWAS

body2002
D. BISWAS, J. — The petitioner is presently working as Superintendent, E&M Grade-II in the General Reserve Engineer Force - Group C, hereinafter referred to as "the GREF". The petitioner joined the GREF in 1984 as Charge Mechanic. He was deputed for Diploma Course in Electrical and Mechanical Engineering to the College of Military Engineering, Pune in 1990. He had successfully completed the course by obtaining First Class. Presently he is aggrieved because some of his juniors in the rank of Superintendent, E&M Grade-II have been promoted to Grade-I whereas his case for promotion has not been considered on the ground that he is a diploma holder of two years' course from the College of Military Engineering. 2. The respondents in their affidavit-in-opposition denied the contentions raised by the petitioner and reiterated that the petitioner being a diploma holder in Electrical and Mechanical Engineering in two years' course was not entitled for consideration for promotion to Grade-I. According to them, it would not be feasible to promote the writ petitioner unless the Recruitment and Promotion Rules of 1982 are amended to facilitate promotion of diploma holders of two years' course. 3. It would appear that this Court in similarly situated circumstances in Writ Petition (C) No. 92 of 1999 (Aizawl Bench), (Sri Somarajan K.-Vs-Union of India & Ors.) observed that some officers who were diploma holders from the College of Military Engineering, Pune were promoted to the post of Superintendent Grade-I. This observation was made on the basis of Annexure-13 of that case, the list of officers. It was further observed that the promotions were made on different dates before and after the amendment of the Rules of 1982 carried out in May, 1996. After consideration of various aspects of the matter, the Court directed the respondents to consider the case of the writ petitioner of that case for promotion to Grade-I in the same manner as has been done in respect of the officers. 4. The matter has been settled by this Court in the aforesaid judgment. The respondents in Para-11 of their affidavit simply stated that the judgment of the Court is applicable for the writ petitioner of that case only. They have not denied the contention that diploma holders from Military Engineering College, Pune were promoted earlier. 4. The matter has been settled by this Court in the aforesaid judgment. The respondents in Para-11 of their affidavit simply stated that the judgment of the Court is applicable for the writ petitioner of that case only. They have not denied the contention that diploma holders from Military Engineering College, Pune were promoted earlier. That being so, the writ petitioner is entitled to a similar direction as given by this Court in Writ Petition (C) No. 92 of 1999 (Aizawl Bench). This approach is further justified when we take note of the contents of the Paragraph-8 of the letter HQ DGBR No. 11341-Dip/ DGBR-38/EG1 dated 13.10.1999 whereby the authorities accepted the diploma holders of two years' course at par with diploma holders of other civilian institute. Para-8 reads as follows:- "8. The diploma courses at CME are conducted for a dura - of two years. The R&P Rules have been suitably modified over a period of time to accept them at par with diploma in civilian institutes where courses are generally of three years duration. As per rules 10 percent vacancies for promotion to Supdt. BR Grade-11 and Supdt. EM Grade-II are reserved for Group 'C' personnel in GREF, who undergo diploma courses at CME, Pune. Similarly 10 percent and 6.7 percent vacancies for promotion to Overseer and Charge Mechanic respectively, are reserved for Group 'D' personnel in GREF, who undergo diploma courses at CME Pune. This promotion is done through the Group 'C' and Group 'D' DPC. As such, permitting all categories of personnel to appear for the diploma courses provided they meet the QRs, will not require any modifications to the Existing-R&P Rules." 5. Hence, this petition is disposed of with a direction to the respondents to examine the claim of the writ petition as to whether he stands at the same footing with the officers mentioned in Annexure-E, the master seniority list, who have been promoted despite being diploma holders of two years' course and if he is so found to be similarly situated, his case for promotion shall be considered in the same manner as has been done in respect of other junior officers having diploma in two year's course. 6. The writ petition accordingly stands disposed of. 6. The writ petition accordingly stands disposed of. The respondents are directed to complete the exercise as indicated above within a period of three months from the date of receipt of the certified copy of this order. Needless to say that the benefit of promotion shall be with effect from the date when his next junior was promoted subject to suitability on other counts. No costs.