CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA/310/00545/2019 Dated this, the 15^th day of December Two Thousand Twenty Five CORAM : HON’BLE MR. M. SWAMINATHAN, Member (J)

HON’BLE MR. SISIR KUMAR RATHO, Member (A)

1. Katta Ramesh, 2. Meda Simhadri, 3. Chitturi Srinivas, 4. Kollimalli Seetaram. …..Applicants By Advocate Ms. Anna Mathew, Sr. Advocate for M/s. S. Meenakshi Vs.

1.Union of India, Rep by its Secretary (Power), Government of Puducherry, Chief Secretariat, Puducherry 1.

2.The Under Secretary to Government (Power), Government of Puducherry, Chief Secretariat, Puducherry.

3.The Superintending Engineer-I cum Head of the Department, Electricity Department, Government of Puducherry, Puducherry. ….Respondents By Advocate Mr. R. Syed Mustafa

ORDER

(Pronounced by Hon'ble Mr. Sisir Kumar Ratho, Member(A))

This OA has been filed by the applicants seeking the following reliefs:-

“to set aside the conditions given under the Note of the impugned No.2- 1/ED/Estt/A3/2016 dated 25.02.2019 issued by the 3rd Respondent to the extent it excludes Diploma obtained from the State Board of Technical Education through Distance Education from eligibility for promotion to the post of Tester and consequently direct the Respondents to consider the Applicants' for promotion to the post of Tester with all other attendant benefits and pass such other Order or Orders that are necessary to meet the ends of justice.”

2. The facts of the case as submitted by the applicants, are as follows, in brief:-

2.1. The applicants in the OA have been presently employed as Wiremen. Their next avenue of promotion is to the post of Tester. As per the Recruitment Rules, candidates having 5 years of service in the post of Wireman and possessing Diploma in the Electronics and Electrical Engineering are eligible for the promotion to the of Tester. According to the applicants, all of them possess this eligibility needed under the Recruitment Rules along with Diploma obtained from the State Board of Technical Education and Training, Andhra Pradesh and as on date they are eligible for promotion to the post of Tester under both the categories mentioned in the Recruitment Rules. They are senior incumbents and thereby awaiting promotion for the post of Tester.

2.2. The 3^rd respondent issued notification dt. 10.03.2014 to fill up 45 vacancies for the post of Tester. However none of the vacancies were filled up till date and the said notification was not at all implemented. The last promotion to the post of Tester was carried out in the year 2005. Thereafter till date, no promotion has been held.

2.3. The 3^rd respondent had subsequently issued the impugned notification dt. 25.02.2019 for the post updation of eligible candidates possessing necessary qualification for promotion to the post of Tester. Unfortunately, the said notification contains a note in contrary to the Recruitment Rules which stated that the Diploma obtained through Distance Education mode / Correspondence Mode from Deemed to the Universities / State Board of Technical Education are not to be taken as valid qualification. Since the applicants have obtained Diploma from the State Board of Technical Education, Andhra Pradesh, their names have not been considered for promotion to the post of Tester.

2.4. The applicants have submitted that the Recruitment Rules specifically approves the Diploma obtained from the State Board of Technical Education. Hence the Notification nullifying the qualification of Diploma obtained through State Board of Technical Education is contrary to the Recruitment Rules.

2.5. The applicants have submitted that the issue of acceptance of Diploma obtained through the State Board had already arisen in the State of Andhra Pradesh. In the Alla Hussain and batch case, the said question whether the diploma awarded by the State Board of Technical Education and Training (SBTET) of the State of Andhra Pradesh through the distance mode is valid. The Hon'ble High Court of Andhra Pradesh had held that the course