GOKAL CHAND MITAL, C. J.

( 1 ) HEREIN, the main controversy is whether a Diploma-holder Junior Engineer, who obtains degree while in service becomes eligible for promotion as Assistant Engineer on rendering three years service would include therein the period of service rendered by him prior to the obtaining of the Degree or he has to render three years service after obtaining the degree to become eligible for promotion to the post of Assistant Engineer. In view of the direct decision of the Supreme Court in N. Suresh Nathan and another v. Union of India, JT 1991 (4) S. C. 354, we render the answer that such a Diploma-holder Junior Engineer will have to serve for a period of three years after obtaining the degree to become eligible for promotion to the post of Assistant Engineer and he cannot include the service period rendered prior to the obtaining of the degree in claiming three years service.

( 2 ) THE private parties to this litigation are the Degree-holders from the inception of service as Junior Engineers versus the Diploma-holders from the inception of service as Junior Engineers. The petitioners relate to the first category and the private respondents to the second cat

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