A.M.AHMADI, S.MOHAN
Nageshwarprasad: Bipin Kumar Sinha: Central Water Commission Gdd. Engg. Association – Appellant
Versus
Union Of India – Respondent
( 1 ) IN exercise of powers conferred by the proviso to Article 309 of the Constitution the President made Rules to amend the central Water Engineering (Group B) Service Rules, 1964; the amended Rules providing for promotion to the post of Assistant Engineer on 50: 50 basis from amongst those holding a degree in Engineering with three years experience and those possessing a diploma with 7 years experience of service in the lower grade. The promotion was to be effected by selection on the basis of merit with due regard to seniority from amongst persons employed in the central Water Commission in the grades of (a) Design Assistant (Engineering) (b) Supervisor and (c) Head Draftsman. The amended Rule provides that 50 per cent of the posts shall be filled by promotion of officers mentioned in sub-rule (1 possessing a degree in Engineering from a recognised University/institution or equivalent and having rendered not less than three years regular service in the respective grade in the capacity of a graduate engineer; the remaining 50 per cent posts, the rule provides, shall be filled by promotion of officers mentioned at (b) and (c) of sub-rule (1 i. e. Supervisors and Head Draftsmen po
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