SHAILENDRA DANIA AND ORS. versus S.P. DUBEY AND ORS.

Citation: [2007] 5 S.C.R. 190 · Decided: 17-04-2006 · Supreme Court of India · Bench: B.N. AGRAWAL · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
SHAILENDRA DANIA AND ORS. 
v -
v. 
S.P. DUBEY AND ORS. 
APRIL 17, 2006 
B 
[B.N. AGRA WAL, P.P. NAOLEKARAND 
LOKESHWARSINGHPANTA,JJ.] 
,,, 
Service Law: 
c 
Promotion-Service experience obtained prior to acquiring higher 
qualification-Counting of-For promotion from Junior Engineers to Assistant 
Engineers-Slum Wing Department of Delhi Development Authority (DDA)-
Degree-holder Junior Engineers vis-a-vis Diploma-holder Junior Engineers-
Post of Junior Engineers-The qualification prescribed was Diploma in C:'vil 
D Engineering with two years· experience whereas no experience was prescribed 
for graduates in Civil Engineering-On 29.9.1990, a Memorandum was 
'issued by the DDA which stipulated that a diploma-holder who had 
~ 
subsequently acquired a Degree in Engineering would be treated as a degree-
/ 
holder for the purposes of promotion, irrespective of the date of acquiring 
graduate qualification-A Full Bench of the High Court held that the three 
E years' experience gained by the diploma-holders as Junior Engineer had to 
be counted for promotion to the post of Assistant Engineer, in the event they 
are duly qualified as degree-·holders-Correctness of-Held: It cannot be 
said that a diploma-holder who acquired a degree during the tenure of his 
service, has gained experience as a graduate Engineer just because he has 
F acquired a Degree in Engineering-That would amount to saying that the 
experience gained by him in his service as a diploma-holder is qualitatively 
-,;.__ 
the same as that of the experience of a graduate Engineer-Service experience 
of a degree-holder Junior Engineer could not be equated to the service 
experience of a diploma-holder Junior Engineer nor could it be substituted 
for the service rendered as a degree-holder-Hence, Diploma-holder Junior 
G Engineers would be required to complete three years' service on the post 
after having obtained a degree to become eligible for promotion to the 
higher post of Assistant Engineer. 
..,.,..._ 
The appellants and respondents were employees of the Slum Wing 
H 
190 
SHAILENDRADANIA v. S.P. DUBEY 
191 
-
'v 
Department (SWD) which was a part of the Municipal Corporation of Delhi A 
(MCD). SWD was transferred from MCD to Delhi Development Authority 
(DDA) in 1974 with the stipulation that its employees alone would be 
considered for confirmation and promotion against the posts in it. In 1978, 
SWD was retransferred to MCD, but once again in 1980 it was transferred 
back to DDA with the stipulation that it would remain as a separate entity B 
. and its emplo A. DDA, vide its Resolution, adopted Recruitment Rules of 
CPWD qua the posts of Junior Engineer, Assistant Engineer and Executive 
Engineer. The post of Junior Engineer was meant for 100% direct 
recruitment and the qualification prescribed was "Diploma-holders in Civil 
Engineering with two years' experience". However, there was no bar for 
persons possessing higher qualification, viz., Degree in Engineering, for c 
applying to the post of Junior Engineer and such persons were not required 
to have any prior experience for appointment to the cadre of Junior Engineer 
in DDA. The next higher post was that of Assistant Engineer. The Rule 
provided filling up of 50% vacancies on the post of Assistant Engineer by 
those who acquired a Graduate Degree in Engineering by means of direct D 
recruitment or by deputation. The remaining 50% vacancies were to be filled 
up on promotional basis from the post of Junior Engineers. Out of50% of 
) 
the promotional feeder cadre of Junior Engineers, one-half of such posts would 
....,. 
be filled up by promotion of diploma-holders with eight years, qualifying 
service and remaining 50% quota would be filled up from the Junior 
Engineers who were Graduate Engineering Degree-holders with thee years' E 
qualifying service. Further promotion in the Engineering Branch was from 
the post of Assistant Engineer to the post of Executive Engineer. The minimum 
qualifying experience for promotion to the post of Executive Engineer for 
graduate Engineers was eight years' experience in the grade of Assistant 
Engineer, whereas for diploma-holders it was ten years' service in the grade 
F 
,.;.;-
of Assistant Engineer. 
The appellants were graduates with Engineering Degree and joined the 
Department of Junior Engineers as direct recruits. In the year 1984, the 
Junior Engineers and the Assistant Engineers, who were diploma-holders, 
assailed the constitutional validity of th

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