The central legal point established in the judgment is the interpretation of the eligibility criteria for promotion to the post of Assistant Engineer (Mechanical) as per Rule 11 of the Latest Recruitment and Promotion Rules (R&P Rules).

JUDGMENT

Vivek Singh Thakur, J. - Petitioner has approached this Court, seeking directions to respondent/State to promote him to the post of Assistant Engineer, as per final seniority list of Junior Engineers (Mechanical) serving in Irrigation and Public Health (IPH) Department, as it stood finalized on 31.12.2017 wherein he is at Sr. No. 15, whereas, person below him in seniority, positioned at Sr. No. 16 namely Umesh Kumar has been given placement as Assistant Engineer (Mechanical) vide notification dated 7th September, 2019 (Annexure P-9) ignoring the seniority of petitioner.

2. Petitioner had not arrayed the aforesaid Umesh Kumar as respondent. However, during pendency of petition, the said Umesh Kumar had approached this Court by filing an application and this Court, by allowing the said application, had arrayed him as party/respondent No.5.

3. The dispute involved in present case is with respect to promotion of incumbent from the post of Junior Engineer (Mechanical) to the post of Assistant Engineer (Mechanical). Latest Recruitment and Promotion Rules (in short 'R&P Rules') dealing with Appointment and Promotion of Assistant Engineer (Mechanical), in the Department concerned, have been placed on record by respondent/State with its reply as Annexure R-1, wherein Rule 10 provides that 30% posts of Assistant Engineer (Mechanical) shall be filled by direct recruitment on regular basis or by recruitment on contract basis, as the case may be, and remaining 70% posts shall be filled in by promotion.

4. Rule 11 provides eligibility criteria for consideration to the post of Assistant Engineer (Mechanical) in case of recruitment by promotion/secondment/transfer, which reads as under:-

"11. In case of recruitment by promotion/secondment/transfer, grade(s) from which promotion/secondment/transfer is to be made:-

By promotion from amongst the:-

i) Junior Engineers (Mechanical) possessing a recognize three years diploma in Mechanical Engineering with seven years regular service or regular combined with continuous adhoc service, if any, in the grade and non-diploma Junior Engineers (Mechanical) with fifteen years regular service or regular combined with continuous adhoc service, if any, in the grade:

Provided that the non-diploma holder Junior Engineers (Mechanical) who acquire(s) a recognized three years diploma in Mechanical Engineering during service as Junior Engineer (Mechanical) must have rendered three years regular service or regular combined with continuous adhoc service, if any, in the grade after acquiring such qualification. .....40%

ii) Junior Engineers (Mechanical) who acquire recognized BE/AMIE degree in Mechanical Engineering or its equivalent during service as Junior Engineer (Mechanical) with three years regular service or regular combined with continuous adhoc service, if any, in the grade after acquiring such qualification. .....15%

iii) Junior Engineers (Mechanical) who possess BE/AMIE degree in Mechanical Engineering or its equivalent at the time of appointment as Junior Engineer (Mechanical) with three years regular service or regular combined, with continuous adhoc service, if any, in the grade. .....15%"

5. There are three categories of Junior Engineers (Mechanical) wherefrom recruitment by promotion to the post of Assistant Engineer (Mechanical) has been provided.

6. First category is of Junior Engineers (Mechanical) possessing a recognized three years 'diploma in Mechanical Engineering' with 7 years service and non-diploma Junior Engineers (Mechanical) who acquire a recognized three years 'diploma in Mechanical Engineering' during service as Junior Engineer (Mechanical) with 3 years service after acquiring diploma have also been included in this category. Further non-diploma holder Junior Engineers (Mechanical) with 15 years length of service have also been made eligible for promotion under this Clause.

7. Second category is of Junior Engineers (Mechanical), who acquire recognized BE/AMIE degree in Mechanical