Point of Law: Institution of Civil Engineers (India) also conducts Associate Membership Examination and degrees and the degrees of AMICE obtained from Institution of Civil Engineers (India) are considered equivalent to AMIE degrees.

JUDGMENT :

By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-

“(i) That a writ in the nature of certiorari may kindly be issued to quash the impugned Annexure P-10, i.e., order dated 19.09.2020, issued by the Law Department, Government of Himachal Pradesh on the basis of which respondents No. 1 & 2 have included the names of respondents No. 3 to 5 for promotion/placements to the post of Assistant Engineer (Civil) under Rule 11(ii) and 11(iii) notified vide Annexure P-8 under 10% and 15% quota prescribed to Junior Engineers (Civil) who are having the qualification of B.E./B. Tech. (Civil) or AMIE degree.

(ii) That a writ in the nature of mandamus may kindly be issued restraining respondents No. 1 & 2 to make promotions/placements of respondents No. 3 to 5 for the post of Assistant Engineer (Civil), under Rule11(ii) and 11(iii) notified vide Annexure P-8 and justice be done.”

2. The case of the petitioners is that petitioner No. 1 did her Bachelor of Technology in Civil Engineering in the year, 2012. She was appointed as Junior Engineer (Civil) on contract basis vide Office Order dated 05.10.2013 on the recommendations of the Himachal Pradesh Staff Selection Commission, Hamirpur, H.P. and her services were regularized as such vide Office Order dated 06.05.2017. Petitioner No. 2 did his Bachelor of Technology in Civil Engineering from Jaypee University of Information Technology, Vaknaghat, District Solan, H.P. in the year, 2014. He was appointed on contract basis as Junior Engineer (Civil) vide Office Order dated 01.11.2016 and regularized vide Office Order dated 28.04.2020.

3. Respondent No. 2 issued a provisional list of Junior Engineers (Civil) vide letter dated 18.11.2019, as it stood on 31.12.2018 and in terms thereof, the name of petitioner No. 1 figured at Sr. No. 775 and as the services of petitioner No. 2 were not regularized at that the relevant time, therefore, his name did not find mention in the said seniority list. Further, the case of the petitioners is that the State framed the Recruitment and Promotion Rules for the post of Assistant Engineer (Civil), Class-1 (Gazetted) Technical Services in Irrigation and Public Health Department, which stood notified on 20.03.1997. In terms of these Rules, 30% of the posts were to be filled by way of direct recruitment and 70% by way of promotion from amongst Junior Engineers (Civil). From the 70% quota of promotion, 45% is meant for Junior Engineer (Civil), who completed seven years regular service or regular combined with continuous ad hoc in the grade and unqualified Junior Engineers (Civil) with fifteen years regular or regular combined with continuous ad hoc experience in the grade and 10% is meant for Junior Engineer (Civil), who acquired AMIE or its equivalent degree during service and 10% is reserved in favour of those Junior Engineers (Civil), who possess the Degree of Civil Engineering at the time of joining the services as Junior Engineer, having completed three years regular or regular combined with continuous ad hoc services. In addition, 5% posts were reserved for Draughtsman, who have the qualification of Matriculation and also possess two years diploma in Draughtsmanship and have put in ten years regular or regular combined with continuous ad hoc service in the grade. These Rules, which were framed in the year 1997, were amended thereafter in the year 1998 and 2005. According to the petitioners, as they are degree holders, they are concerned with their quota prescribed under Rule11(iii) of the Rules, as they stand amended from time to time.

4. Vide notification dated 5th June, 2020 (Annexure P-7), the earlier Recruitment and Promotion Rules were repealed and The Himachal Pradesh Irrigation & Public Health, Assistant Engineer (Civil) Class-I (Gazetted) Technical Services Recruitment and Promotion Rules, 2010 were brought into force. These Rules were also repealed vide notification dated 6th December, 2019 (Annexure P-8)