Back
GURVINDER SINGH GILL
Kashmir Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Gurvinder Singh Gill, J.
The petitioner assails order dated 30.5.2023 (Annexure P-15) passed by respondent No.3, vide which his claim for promotion as Sub Divisional Engineer w.e.f. the year 2007 has been rejected.
2. The petitioner had been appointed as Junior Engineer in Department of PWD (B&R), Punjab in the year 1986. In the year 2004 he sought permission from the competent authority for improving his qualification and took admission in B. Tech (Civil), Degree Course in Institute of Advanced Studies in Education University (IASE), Gandhi Vidya Mandir Sardarshahr (Rajasthan) through distant mode of education and ultimately was conferred the B. Tech (Civil) degree in the year 2007. Upon completion of 16 years of service as Junior Engineer, he was designated as Assistant Engineer w.e.f. 26.9.2002 vide order dated 08.06.2012.
3. It is the case of the petitioner that in the revised tentative seniority list of Junior Engineers, his seniority ranked at Sr. No.90. The relevant extract from letter dated 19.12.2011 (Annexure P-4) indicating the placement of the petitioner in the revised seniority list is reproduced hereunder:
| Sr. No. | Name Sarv/Sh. | Father's Name Sarv/Sh. | |||||
The validation of engineering degrees obtained through distance education occurs upon passing the AICTE test, and promotions must reflect the original date of the degree, restoring status quo ante.
As per Recruitment and Promotion Rules, rightful claim of petitioner cannot be permitted to be defeated by respondents at this belated stage on grounds, as have been setup in reply.
petitioners are not eligible as on the date of the judgment passed by the Apex Court in Orissa Lift Irrigation Corporation case and their degrees are deemed to be suspended- petitioners are not entit....
If the respondents had extended any benefits and advantages in favour of the petitioners, then the question of restoring those benefits to the petitioners would not arise.
The obligation of the Corporation to restore the petitioner's position and grant all accrued benefits after the validation of his degree.
Rejection of claim for advancement increments based on improper grounds; adherence to stipulated eligibility rules in administrative decisions is crucial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
