JUDGMENT

VERMA, J.:- The Recruitment Rules for the Post of Assistant Engineer in the Public Works Department, Pondicherry, prescribe the educational and other qualifications for appointment by direct recruitment and promotion. For direct recruits, the qualification prescribed is a Degree in Civil Engineering of a recognised University or Diploma in Civil Engineering from a recognised institution with three years professional experience. For appointment by promotion of Section Officers now called Junior Engineers, the qualification prescribed is as under:-

1. Section Officers possessing a recognised Degree in Civil Engineering or equivalent with three years service in the grade failing which Section Officers holding Diploma in Civil Engineering with six years service in the grade -50%.

2. Section Officers possessing a recognised Diploma in Civil Engineering with six years service in the grade -50%."

2. The dispute in the present case is whether a Diploma-holder Junior Engineer who obtains a Degree while in service becomes eligible for appointment as Assistant Engineer by promotion on completion of three years service including therein the period of service prior to obtaining the Degree