Supreme Court clarification excluding diplomas from judgment on invalid distance education degrees from deemed universities prevents declaring such diplomas void ab initio for promotions.

O R D E R

Per: RAMESH SINGH THAKUR, MEMBER (J):

1. The applicant has approached this Tribunal by way of instant O.A, under Section 19 of the Administrative Tribunals Act 1985, seeking the following relief:

“i) Call for the record and perused the same;

ii) quash the office order dated 18.09.2017 (i.e. Annexure A1), passed by the respondent No. 3, vide which the applicant, who was promoted to the post of Junior Engineer (Electrical) vide office order No. 400, dated 27.08.2013, was reverted to the post of Sub Station Attendant with immediate effect;

iii) quash the office order No. 258 dated 22.04.2016 (i.e. Annexure A2), vide which the respondent No. 6 has been promoted as Junior Engineer (Electrical) against the share quota of Diploma Holder Sub Station Attendant with effect from 15.03.2013, on notional basis, in the pay scale of Rs.10900-34800+ Rs. 5350 GP in the Electricity Wing of the Engineering Department, U.T., Chandigarh;

iv) quash the office order No. 06 dated 04.01.2016 (i.e. Annexure A3), vide which the respondent No. 6 has been promoted as Junior Engineer (Electrical) from the post of Sub Station Attendant under the ITI quota, in the pay scale of Rs. 10900-34800+Rs. 5350/- GP in the Electricity Wing of the Engineering Department, U.T., Chandigarh, on the regular basis;

v) quash the show cause notice vide memo No. SEE /OP/350 C/E 2016 dated 18.05.2016 (i.e. Annexure A4), issued by respondent No. 4;

vi) for issuance of directions to the official respondents No. 1 to 5 to restore the office order No. 400 dated 27.08.2013 (i.e. Annexure A5), whereby applicant was promoted to the post of Junior Engineer (Electrical) to the Electricity Wing of the Engineering Department, Union Territory, Chandigarh on regular basis in the pay scale of Rs. 10900-34800+Rs. 4500.00 Grade pay, on the basis of recommendations of Department Promotion Committee (Class-III), whereby the applicant was found eligible for the promotion to the post of Junior Engineer (Electrical);

vii) for issuance of a directions to the official respondents i.e. 1 to 5 to issue the applicant's entire service and other consequential benefits along with interest @ 18% per annum from the period 18.09.2017, when the order of reversion of applicant, i.e. Annexure A1 was passed, till the date of rejoining of the applicant on the post of Junior Engineer (Electrical);

viii) further prayed that any other order or direction, which this Hon'ble Tribunal may deem fit and appropriate, in the peculiar facts and circumstances of the case also be issued in favour of the applicant.

ix) allow the original application throughout with cost in favour of the applicant.”

2. Brief facts of the case as submitted by the applicant are that the applicant was appointed as Sub Station Attendant in the office of the Electricity Construction Division, Chandigarh on 08.07.1987 on a regular basis. At the time of his initial appointment, the applicant possessed a three-year Diploma in Electrical Engineering. During the course of his service and after obtaining due permission from the competen