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 category. All of them are employees of the Delhi Development Authority (D. D. A. ). The D. D. A by its resolution No. 574 dated 13th September, 1963 had adopted, pro-tanto, the rules of the Central Public Works Depart ment in regard to the mode of recruitment - both by direct recruitment and by promotion - to the posts of Assistant Engineers. 50% of these posts were to be filled by direct recruitment or by deputation and the remaining 50% by promotion from the cadre of Junior Engineers. The cadre of Junior Engineers was being manned by Graduates in Engineering as well as Diploma-holders in Engineering. While for Graduates no experience was prescribed but for Diploma-holders two years experience was provided for getting appointment to the post of Junior Engineers. From amongst Junior Engineers, out of 50% quota for promotion to the post of Assistant Engineer, 25% could be utilized by Junior Engineers having degree plus three years service as Junior Engineers and the remaining 25% Was to go to Junior Engineer Diploma-holders plus 8 years service as Junior Engineers.

( 3 ) IN the year 1971 the Departmental Promotion Committee (D. P. C.) constituted to select Assistant Engineers made a concession for Diploma-holders to the effect that in the event of a Diploma- holder Junior Engineer acquiring a degree during the course of serice, the three years service required as Graduate Engineer would be calculated on the following basis:

(1)A minimum" of 2 years regular service, as Graduate Engineer, after obtaining the degree;

(2) 3/8th weightage would be given subject to a maximum of one year for the period of service, put in by Diploma-holder in the service, as Junior Engineer.

( 4 ) THE 13th November, 1963 Resolution, slightly modified by the D. P. C. , REFERRED TO to above, was followed for the appointment to the post of Assistant Engineers by promotion till 20th September, 1990, when a decision to the contrary was taken in the case of Sh. Vivin Kumar, Junior Engineer by some authorities of the D. D. A. while interpreting the 1963 Recruitment Rules, as contained in Annexure P-5 and was circulated to all concerned for following in future. In this it was decided in the words of the memorandum as follows:

". . . . . . . . . . . THAT a diploma holder who has subsequently acquired a degree will be treated as degree holder for purposes of promotion, irrespective of the date of acquiring Graduate qualification. The Recruitment Rules. recognise only a degree or Diploma for purposes of promotion. They do not stipulate any minimum experience afteracquisition of degree . Accordingly, even if an officer has acquired his degree just before the meeting of Departmental Promotion Committee, he will be considered as a Degree Holder for that and any subsequent Departmental Pro

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