JUDGMENT

SANJAY KISHAN KAUL, J.

Civil Appeal No.10194/2013

1. The dispute pertains to the Irrigation Department cadre of the Uttarakhand State, for promotion from the post of Junior Engineer (for short ‘JE’) to the post of Assistant Engineer (for short ‘AE’), with two groups of these JEs arrayed on opposite sides – one having the qualification of Diploma and the other having the qualification of Degree in Engineering. The promotion quota (the promotion quota is for AEs they are also being directly recruited) has carved out a provision for accelerated promotion to the extent of 7.33% for the JEs holding a more advanced qualification, of a Degree in Civil Engineering, with which the JEs holding a qualification of Diploma are aggrieved.

Facts:

2. On the State of Uttaranchal (now Uttarakhand) being carved out of the State of Uttar Pradesh, an emergent need was felt for appointing inter alia JEs in different departments of the State and thus, an advertisement was issued on 27.11.2001, inviting applications on behalf of the Public Works Department, Irrigation Department, Rural Engineering Service, Small Irrigation Department, Agriculture Department, District Village Development Agency