Diploma Junior Engineers acquiring AMIE/degree during service eligible for promotion post-3 years; pre-acquisition service not counted for seniority, as they enter graduate quota impacting original graduates.

JUDGMENT :

Vivek Singh Thakur, J.

In both appeals, judgment dated 22.07.2022, passed by learned Single Judge of this High Court in CWP No. 3773 of 2021, titled Shashi Kant & Ors. vs. State of H.P. & Ors., has been assailed by the State of Himachal Pradesh as well as private respondents. Therefore, these appeals, for involvement of common question of law and facts to be adjudicated, are being decided by this Common judgment.

2. Parties herein shall be referred as per their status in writ petition.

3. LPA No. 162 of 2022 has been filed by the private respondents whereas LPA No. 10 of 2023 has been filed by the State of Himachal Pradesh.

4. Petitioners in CWP No.3773 of 2023 (respondents herein), who were serving as Assistant Engineers in HPPWD Department, filed the said petition, seeking following substantial reliefs:-

‘i) For quashing and setting aside Annexure P-13 rejecting representation of the petitioner.

ii) for holding that review DPCs held by the respondents in respect of promotion of petitioners/private respondent JE (AMIE) to the post of Assistant Engineers (PWD) as well as the resultant re-drawn seniority list of AE vide Annexure P-7 dated 1.3.2014 and vide Annexure P-8 dated 1.3.2016 qua the petitioners and private respondents are illegal and may kindly be quashed and set aside. Consequently, all actions taken on the basis of these lists w.r.t. petitioners and private respondents be also declared illegal and void.

iii) for directing the respondents not to apply the judgment of SS Kutlehria for counting seniority.’

5. Petitioners and private respondents (in writ petition) were appointed as Diploma Holder Junior Engineers in unified HPPWD Department as it was existing before its bifurcation in the year, 1994.

6. On 27.04.1994, HPPWD Department was bifurcated in two separate departments i.e. HPPWD (B&R) and Irrigation & Public Health Department.

7. Diploma holder Junior Engineers were one amongst other categories of Junior Engineers in the feeder cadre for promotion to the post of Assistant Engineer.

8. Before bifurcation R&P Rules to the post of Assistant Engineer in unified HPPWD Department were notified on 18.09.1978 (1978 Rules). As per these Rules, 40% quota was meant for direct recruitment and 60% by promotion to the post of Assistant Engineer. Out of 60% Promotion quota, 10% quota was allotted to the Graduate Junior Engineers, who were possessing Graduation Degree at the time of their induction/appointment as Junior Engineers, having 3 years regular or ad-hoc service or both as such and those Junior Engineers who passed Sections A and B of AMIE with five years regular or ad-hoc service or both as such. The relevant provisions were as under:

‘11. Promotion:

(i) From amongst Sectional Officers having 7 years regular or adhoc service or both as such and un qualified Sectional Officers with at least 15 years’ regular or ad-hoc service or both as such

…………………45%

(ii) Draftsman cadre, who have passed at least Matriculation or its equivalent examination and possess a two years’ diploma in draftsmen course from a recognised Institution having 10 years rgular or ad-hoc service or both as such

………5%

(iii) From amo