Promotions in the Public Works Department must be based strictly on merit assessments following degree attainment, rather than mere seniority, in accordance with directives established in the Suresh Nathan Case II.

ORDER

(Pronounced by Hon'ble Smt.Lata Baswaraj Patne, Member(J))

The applicants have filed the present OAs under Section 19 of the Administrative Tribunals Act , 1985, seeking the following relief:

“Relief sought in O.A. No 1206 of 2016 :

(i) To call for the records relating to order No. 271/PW1-A1/2016, dated 29.06.2016 and order No. 271/PW1-A1/2016, dated 29.06.2016 both passed by the 4^th Respondent and to quash the same.

(ii) To direct the Respondents to promote the 1^st Applicant to the post of Assistant Engineer w.e.f 08.03.1997, 2^nd Applicant to the post of Assistant Engineer w.e.f 07.06.2002 and the 3^rd Applicant to the post of Assistant Engineer w.e.f 07.05.2003 in accordance with the judgement laid down by the Hon’ble Supreme Court in Suresh Nathan case – II with arrears of pay and all other consequential benefits;

(iii) To award costs, and pass such further and other orders as may be deemed fit and proper and thus render justice.”

Relief sought in O.A. No. 1208 of 2016 :

(i) To call for the records relating to order No. 271/PW1-A1/2016, dated 29.06.2016 and order No. 271/PW1-A1/2016, dated 29.06.2016 both passed by the 4^th Respondent and to quash the same.

(ii) To direct the Respondents to promote the 1^st Applicant to the post of Assistant Engineer w.e.f 03.10.2012, 2^nd Applicant to the post of Assistant Engineer w.e.f 03.10.2012 in accordance with the judgement laid down by the Hon’ble Supreme Court in Suresh Nathan case – II with arrears of pay and all other consequential benefits;

(iii) To award costs, and pass such further and other orders as may be deemed fit and proper and thus render justice.”

Relief sought in O.A. No. 1249 of 2018 :

(i) To declare that the Review DPC – II held by the Respondents which met on 11.04.2016, 18.04.2016, 12.05.2016 and on subsequent dates for reviewing the proceedings of the DPC / promotions for the various years as null and void and violative of the judgment of the Hon’ble Supreme Court in N.Suresh Nathan case – II and to direct the official Respondents to convene a Review DPC afresh in accordance with the judgment of the Hon’ble Supreme Court in N.Suresh Nathan case – II in its letter and spirit;

(ii) To call for the records relating to order No. 271/PW1-A1/2016, dated 29.06.2016 and order No. 271/PW1-A1/2016, dated 29.06.2016, order No. 271/PW1 – A1 /2016, dated 01.08.2016, order No. 1-4/PW- 1/A1/2016 both passed by the 4^th Respondent and to quash the same.

(iii) To award costs, and pass such further and other orders as may be deemed fit and proper and thus render justice.”

2. Since the issue involved in the matter is one and the same, all the three OAs are heard together and disposed of by a common order.

3. The brief facts of the case, as stated by the applicants, are as follows:

All the Applicants have done Degree in Civil engineering and initially joined Public Works Department of Puducherry as Junior Engineers. The Private Respondents have joined service initially as Junior Engineers with a Diploma in Engineering and, subsequently, acquired Degree in Engineering. All the applicants have earned promotions to the higher posts of Assistant Engineer and Executive Engineer on various dates and the respective tables, showing the dates of promotion, have been filed.

3.1 The issue here being promotion to the post of Assistant Engineer, the recruitment rules for the post of Assistant Engineer are given below :

5. Whether Selection post or Non Selection post : Selection

7. Educational and other qualification required for direct recruits equivalent. : Essential Degree in Civil Engineering of a recognized university or Diploma in C