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2015 (10) TMI 376 - SC - Indian LawsPromotion criteria - Diploma Holder Project Engineers (Junior) upon acquiring degree / qualification of ‘AMIE’ - whether would be entitled to count their experience of service prior to acquisition of such qualification for the purpose of eligibility of 3 years total experience of service for promotion to the post of Project Engineer (Sr.) in the quota fixed for Degree Holders? - Held that:- The relevant regulation does not contemplate any reduced total experience for promotion for a diploma holder who may acquire degree or AMIE qualification while in service. Even on acquiring such higher qualification the concerned diploma holder is neither given any advantage vis-à-vis other diploma holders nor is he ousted from the right of consideration against 30% quota provided for diploma holders. In such a situation in order to enter into the water-tight compartment of 20% quota for the degree holders with three years’ experience of service, a diploma holder with AMIE qualification must show that he fulfills the entire eligibility criterion, i.e., he is a degree holder with three years’ experience of service as a degree holder. Such water-tight compartment and separate quotas cannot be rendered meaningless so as to affect the prospect of promotion of the degree holders by inducting into that category a diploma holder who does not have three years’ experience of service as a degree holder. In the absence of any such provision in the Regulations, no equivalence can be permitted in such a situation because even a diploma holder with seven years’ experience of service is confined to a prospect or chance of promotion only against 30% quota for the diploma holders. So far as the word ‘total’ occurring before the words ‘experience of service’ is concerned, from the circumstances and past history relating to the service, it must be understood in the context of service rendered in regular capacity along with service rendered on ad-hoc or officiating or temporary basis. The word ‘total’ cannot be construed to mean service rendered either as diploma holder or degree holder. If this had been the intention, the word ‘total’ would have been included only in the context of three years’ total experience of service of degree holders and not in the context of seven years’ experience of service as diploma holders. A diploma holder in any case is required to have seven years’ experience of service for being eligible for promotion and hence the word ‘total’ would be otiose or redundant in the aforesaid context. No doubt, the High Court has now clarified and held that service rendered on adhoc or officiating basis prior to regularization cannot be counted for acquiring eligibility for promotion and that aspect is no longer under controversy. Hence the use of the word ‘with’ or ‘total’ in the relevant regulation does not make any difference and the judgment in the case of Shailendra Dania (2007 (4) TMI 689 - SUPREME COURT) applies to the present case, as contended by learned counsel for the appellants. We find merit in these appeals and they are accordingly allowed to the extent of reversing the views of the High Court in respect of Question no.2 as noted by the Division Bench in the common judgment under appeal. We hold that the Project Engineers (Junior) recruited on the basis of diploma, upon their acquiring the qualification of ‘AMIE’, are not entitled to count their experience of service prior to acquisition of such qualification for the purpose of eligibility for promotion to the post of Project Engineer (Senior) against the 20% quota fixed for promotion of degree holder Project Engineers (Junior). In order to claim promotion against such 20% quota the three years’ experience of service must be acquired after obtaining the qualification or degree of AMIE. We direct the Board and its authorities to treat the writ petitions filed in the High Court as disposed of in the light of our aforesaid views and to determine the controversies raised in the writ petitions in that light by granting relief to the eligible persons expeditiously and preferably within 4 months, without upsetting the transactions which had taken place earlier and were not under challenge in the writ petitions. In other words, the regular promotions made in the past prior to 1992, which were not subject matter of writ petitions filed in 1992 will not be re-opened on account of views expressed in this judgment.
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