RAMESH KUMAR CHOUDHA AND ORS. versus STATE OF M.P. AND ORS.

Citation: [1996] SUPP. 6 S.C.R. 614 · Decided: 20-09-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Disposed off
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Judgment (excerpt)

A 
RAMESH KUMAR CHOUDHA AND ORS. 
v. 
STATE OF M.P. AND ORS. 
SEPTEMBER 20, 1996 
B 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.) 
Service Law : 
M.P. Irrigation Engineering Services (Gazetted) Recrnitment Rules, 
c 1968: 
Rules 7, 15, 16--Promotion-Assistant Enginee,-.Eligibility as on 1st 
January of the year-Graduate Engineers to have a minimum 8 years ex-
perience-Diploma Engineers to have a minimum of 12 years experience-If 
the Diploma Engineers acquire graduation they become eligible for promo-
D tion after 8 years-But cut-off date being 1st January, even if they had acquired 
degree, prior to that date, their eligibility would be taken into account after 
the cut-off date-Those promoted prior to their eligibility 011 the basis of 
T1ibunal's orders-To be treated ad hoc and de hors the 1Ules-Not entitled 
to senimity from that date-DPC to sit every year in Febmwy or Marclt--DPC 
to sit and consider the candidates for filling up the vacancies from 1992 to 
E 
1996. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 12859-69 
of 1996. 
From the Judgment and Order dated 12.8.94 of the Madhya Pradesh 
F 
Administrative Tribunal at Bhopal Bench in OA. No. 180. of 1993. 
S. B. Sanyal and R.D. Upadhyay for the Appellants. 
B.S. Banthia for the Respondents. 
G 
S.K. Agnihotri and Sakesh Kumar for the State. 
The following Order of the Court was delivered : 
Delay condoned. 
}I 
Leave granted. 
614 
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R.K. CHOUDHA v. STATE 
615 
We have heard learned counsel on both sides. 
These appeals by special leave arise from the orders of the Madhya 
Pradesh State Tribunal made on October 1, 1994 in O.A. No. 616/93 and 
batch. 
The admitted position is that the appellants as well as the respon-
dents are governed by the provisions of M.P. Irrigation Engineering ser-
vices (Gazetted) Recruitment Rules, 1968 issued by the Governor in 
exercise of the power under proviso to article 309 of the Constitution. Rule 
7 of the Rules prescribes the mode of recruitment either by direct recruit-
ment or by promotion of substantive or officiating feeder cadre, i.e., 
sub-Engineers, or by transfer of person who held in a substantive capacity 
such post as may be specified by the State Government in that behalf. 
Eligibility criteria has been prescribed under Rule 15 and procedure for 
· conside~~tion under Rule 16 which read as under : 
"15. Condition of eligibility for promotion: 
(1) Subject to the provisions of sub-rule (2), the committee con-
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B 
c 
D 
. sider the cases of all persons who on the 1st day of January of that 
year had completed the prescribed years of service (whether of-
ficiating or substantive) on the post/service mentioned in column E 
2 of Schedule IV or any other post or posts declared equivalent 
thereto by the Government as under and are within the zone of 
consideration as per sub-rule (2): -
(i) Sub-Engineers Head Draftsman/Draftsman to the post of 
Assistant Engineers minimum "Service of 12 years as Sub-
F 
Engineers, Head Draftsman/Draftsman. 
Provided that a sub-Engineer head Draftsman/Draftsman who 
completed a minimum of 8 years service and possessed degree in 
Civil/Electrical/Mechanical Engineering from recognised Univer-
G 
sity or qualifications declared eq~ivalent thereto by the State 
Government wiir also be eligible for promotion to the post of 
Assistant Engineer and will be considered each time, just after the 
zone of consideration and the final selection list shall be made 
from both the groups on the basis of merits, for example, if ten 
posts are vacant in the cadre of Assistant Engineer to be filled by H 
616 
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B 
c 
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G 
H 
SUPREME COURT REPORTS (1996) SUPP. 6 S.C.R. 
promotion of sub-Engineers then 10 x 5-50 diploma holders sub-
Engineers from working list be considered first and thereafter the 
eligible graduate sub-Engineers be considered in the order of their 
seniority for promotion. 
(ii) 
Junior Engineers to the post of Assistant Engineers 
minimum Service of 2 years as Junior Engineers. (iii) 
Research Assistants to the post of Assistant Research 
Officers-Minimum Service of 8 years as Research As-
sistant. 
(iii) Embankment Inspector/Silt Analysts to the post of As-
sistant Research Officers-minimum service of 8 years 
as Embankment Inspector/Silt Analyst. 
(iv) 
Assistant Engineers promoted from sub-Engineers 
Head Draftsman/Draftsman cadres to the post of E.E. 
minimum 18 years of total service out of which at least 
6 years should be as Assistant Engineers. 
(v) 
Assistant
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