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HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Anil Negi – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. promotion rejected absent prior permission for b.tech degree (Para 1 , 2 , 3 , 4) |
| 2. quota incentivizes post-appointment degree for efficiency (Para 5) |
| 3. rule ambiguity permits pre-appointment degrees (Para 6 , 7 , 8) |
| 4. 7.33% quota requires prior approval for degree (Para 9 , 10) |
| 5. no direction to amend rules; legislative function (Para 11 , 12) |
| 6. liberty to represent to state government (Para 13) |
JUDGMENT :
Manoj Kumar Tiwari, J.
1. Petitioner filed Claim Petition No. 40/D.B./2020 before Uttarakhand Public Services Tribunal, challenging rejection of his representation by Chief General Manager, Uttarakhand Jal Sansthan, vide order dated 03.07.2020, whereby petitioner’s claim for promotion to the post of Assistant Engineer against 7.33% posts reserved for degree-holder Junior Engineer/Additional Assistant Engineer, was rejected.
2. The reason assigned for rejecting petitioner’s representation was that petitioner obtained B.Tech Degree before his appointment as Junior Engineer, while as per the Rules, Junior Engineers, who obtained B.Tech Degree with prior permission of Jal Sansthan alone are eligible for promotion against the posts earmarked for degree-holder candidate
Courts cannot direct rule-making authority to amend rules or issue clarificatory orders, as it is a legislative function; ambiguity in promotion eligibility rules to be resolved by executive.
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 equivale....
Promotion – In absence of any statutory provision or rule made thereunder or under proviso appended to Article 309 of Constitution of India, once an incumbent is appointed to post according to rules,....
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 g....
The main legal point established in the judgment is that the requisition for promotion to the post of Assistant Engineer (Civil) was sent in compliance with the statutory rules, and the Rules, 1968 p....
Notional promotion claims require a junior's promotion to be ignored; seniority and timing of validation examinations are critical in determining eligibility.
Matriculate Supervisors with 15 years regular service eligible for 4% promotion quota to Junior Engineer under 2012 Rules' unqualified category, without Civil Diploma or unprovided training; denial o....
The court upheld the constitutionality of recruitment rules limiting Junior Engineer positions to diploma holders, determining that excluding higher qualification holders does not violate constitutio....
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