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2023 Supreme(SC) 488

SANJAY KISHAN KAUL, ABHAY S. OKA, MANOJ MISRA
T. Valsan (D) Thr. LRs. – Appellant
Versus
K. Kanagaraj – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Raghavendra S. Srivatsa, AOR Mr. Venkita Subramoniam T.r, Adv. Mr. Likhi Chand Bonsle, Adv. Ms. Komal Mundhra, Adv. Mr. Rahat Bansal, Adv.
For the Respondent(s): Mr. Anurag Dubey, Adv. Ms. Anjali Tiwari, Adv. Mr. Bhupendra Kumar Bharadwaj, Adv. Mr. S. R. Setia, AOR Mr. Aravindh S., AOR Ms. Uma Bhuvaneswari.c, Adv. Mr. Abbas, Adv.

JUDGMENT

Sanjay Kishan Kaul, J.

1. Leave granted.

2. The Appellants herein joined the service as Junior Engineers in the Electricity Department of the Government of Puducherry, having already acquired an Engineering Degree prior to the appointment to the post of Junior Engineer. On the other hand, the private Respondents joined the service as Junior Engineers with a Diploma and, in the course of service, obtained an Engineering Degree.

Factual Background:

3. As per the Government of Pondicherry, Electricity Department, Group B (Technical) Assistant Engineer (Electrical) Recruitment Rules, 1979 (hereinafter referred to as ‘the Rules’) for the post of Junior Engineer, 50% of the vacancies are to be filled by promotion, and the remaining 50% are to be filled by direct recruitment. The next avenue of promotion is to the post of Assistant Engineer (Electrical).

4. Under the said Rules, 80% of the vacancies for the post of Assistant Engineer are to be filled up by ‘promotion’ and 20% by ‘direct recruitment’. The promotion is made among


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