Research › Search › Judgment

Tripura High Court · body

2015 DIGILAW 329 (TRI)

Subhra Sankar Laskar v. State of Tripura

2015-06-08

DEEPAK GUPTA, S.TALAPATRA

body2015
ORDER : Deepak Gupta, J. The petitioners are the degree holder Civil Engineers working in the Rural Development Department. The grievance of the petitioners is that when promotions are made to the post of Assistant Engineer or above, there are no separate posts earmarked for those engineers who have done their engineering in the Mechanical or Electrical field. The petitioners have prayed by means of this petition that separate seniority list should be made for Junior Engineer (Civil), Junior Engineer (Mechanical) and Junior Engineer (Electrical) and promotions should be made in the respective streams. 2. Mr. D. Bhattacharjee, learned counsel appearing for the petitioners contends that because a common seniority list is being maintained, Mechanical and Electrical Engineers are also promoted and they are overseeing the construction work which results in poor construction of the building. On the other hand, Mr. S. Chakraborty, learned Addl. GA points out that even the Mechanical and Electrical Engineers gather sufficient experience in civil works while they are working as Junior Engineers. He also submits that it is for the employer to decide how the rules are to be framed and this Court would normally not interfere in this matter unless there is some violation of fundamental rights. He has also pointed out to us that with effect from 2009-2006, the Recruitment Rules for the post of Junior Engineers in the Rural Development Department have been amended and now only Civil Engineers are to be recruited. 3. We have carefully considered the submissions of both the parties. It is for the employer to decide what are the qualifications of the employees. We must also realize that those Mechanical and Electrical Engineers who were recruited earlier and who are senior to the petitioners cannot be denied promotion to the higher level by amending the rules at the behest of the petitioners. We are aware that if the posts in the higher grade are divided stream wise, the number of posts falling to the share of Mechanical and Electrical Engineers may be very low. These Mechanical and Electrical Engineers are not totally unqualified. They have gained vast experience as Civil Engineers. Furthermore, when they were recruited in job, there were no such criteria and it would be unfair to introduce such criteria now. 4. These Mechanical and Electrical Engineers are not totally unqualified. They have gained vast experience as Civil Engineers. Furthermore, when they were recruited in job, there were no such criteria and it would be unfair to introduce such criteria now. 4. The State, being conscious of the fact, that most of the work in the Rural Development Department is civil engineering work has now only made Civil Engineers eligible for recruitment and, therefore, obviously in future only Civil Engineers will be promoted to the higher post of Assistant Engineer etc. As far as the engineers from the Mechanical and Electrical Division who were recruited earlier are concerned, they would be entitled to promotion as per the rules and as per their seniority and it would be highly unfair and unjust to deny them promotion by amending the rules at this belated stage. 5. Therefore, we find no merit in the petition which is accordingly rejected.