N. SURESH NATHAN AND ANR. versus UNION OF INDIA AND ORS.

Citation: [1991] SUPP. 2 S.C.R. 423 · Decided: 22-11-1991 · Supreme Court of India · Bench: L.M. SHARMA · Disposal: Appeal(s) allowed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

N. SURESH NATHAN AND ANR. 
v. 
UNION OF INDIA AND ORS. 
NOVEMBER 22, 1991 
[LALIT MOHAN SHARMA, J.S. VERMA 
AND S.C. AGRAWAL., JJ.] 
Civil Services: 
Recruitment Rules for Assistant Engineers in the Public Works De-
A 
B 
partment, Pondicherry: 
C 
Rules 7 and 1 ]-Promotion of Degree-holder Junior Engineers with 
three years' service in the grade-Period of three years-Whether to 
commence from the date of obtaining Degree by Diploma-holders. 
The respondents, Diploma-holder Junior Engineers in the Pub-
D 
lie Works Department, Pondicherry, approached the Central Ad-
ministrative Tribunal, with the plea that the period of service ren-
dered by them before they obtained the Degree should be included 
for reckoning the period of three years' service prescribed in the 
Recruitment Rules for promotion to the post of Assistant Engineer 
hi the category of those possessing Degree with three years' service 
E 
and if the earlier period was so included, they would be eligible for 
promotion. However, Degree-holders opposed the respondents' plea ' 
;-
contending that the period of three years prescribed in the Rules 
was subsequent to the date of obtaining tlie Degree. 
The Tribunal upheld the respondents' claim and directed that 
F 
they should be considered for promotion on par with the other De-
gree-holder Junior Engineers, taking due note of their total length 
of service rendered in the grade of Junior Engineer. 
Hence the appeal, by the Special Leave, by the Degree holders .. 
Allowing the appeal, this Court, 
HELD: 1.1 The rules must be construed to mean that the 
three years' service in the grade of a Degree-holder for the purpose 
G 
of Rule 11 of the Recruitment Rules, for promotion to the post of 
Assistant Engineer in the Public Works Department Pondicherry, is 
H 
423" 
A 
B 
c 
D 
E 
F 
424 
SUPREME COURT REPORTS 
[1991) SUPP. 2 S.C.R. 
three years from the date of obtaining the Degree by· a Diploma-
holder. This is in conformity with the past practice followed consist-
ently. The Tribunal was not justified in taking the contrary view 
and unsettling the settled practice in the Department. [427 D] 
1.2 Rule 7 of the Recruitment Rules lays down the qualifica-
tions for direct recruitment from the two sources, namely, D~gree
holders and Diploma-holders with three years' professional experi-
ence. Thus, a Degree is equated to Diploma with three years' pro-
fessional experience. Rule 11 provides for recruitment by promo-
tion from the grade of Section Officers, now called Junior Engi-
neers. There are two categories provided therein, viz., (1) Degree-
holder Junior Engineers with three years' service in the grade and 
(2) Diploma-holder Junior Engineers with six years' service in the 
grade, the provision being for 50% from each category. This matches 
with Rufo 7 wherein a Degree is equated with Diploma with three 
years' professional experience. In the first category meant for De-
gree-holders, it is also provided that if Degree-holders with three 
years' service in the grade are not available in sufficient number, 
then Diploma-holders with six years' service in the grade may be 
considered in the category of Degree-holders also for the 50% va-
cancies meant for them. The entire scheme, therefore, does indicate 
that the period of three years' service in the grade required for 
Degree-holders according to Rule 11 as the qualification for promo-
tion in that category must mean three years' service in the grade as 
a Degree-holder and, therefore, that period of three years can com-
mence only from the date of obtaining the Degree and not earlier. 
The service in the grade as a Diploma-holder prior to obtaining the 
Degree cannot be counted as service in the grade with a Degree for 
the purpose of three years' service as a Degree-holder. (427 G-H, 
428 A-CJ 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4542 of 
1991. 
From the Judgment and Order dated 9. l.1990 of the Centra.1 Admin-
G 
istrative Tribunal, M::..dras in O.A. No. 552of1989. 
P.P.Rao, Narsimha P.S. and Ms. VijaylakshmiMenon for the Appel-. 
lants. 
Santosh Hegde, A.S. Nambiar, Ms. Sangeeta Garg, P.P.Tripathi, Mrs. 
H . Shanta Vasudevan, P;K. Manohar and K.R. Choudhary for the Respond-
ents. 
( 
\ • 
SURESH NATHAN v. U.O.I. [VERMA,J.] 
425 
The Judgment of the Court was delivered by 
A 
VERMA, J. The Recruitment Rules for the post of Assistant Engi-
neer in the Public Works Department, Pondicherry, prescribe the educa-
tional and other qualifications
Excerpt shown. Read the full judgment & AI analysis in Lexace.