The amendment to eligibility criteria for direct recruitment does not impact the promotion rights of in-service candidates with required qualifications under previously established quotas.

Sandeep Sharma, J.

Being aggrieved and dissatisfied with the order dated08.12.2021, issued under the signatures of Principal Secretary (PW) to the Government of Himachal Pradesh, whereby order of assigning charge of the post of Assistant Engineer, HPPWD Sub-Division Tissa to petitioner herein, who prior to his being assigned charge against the aforesaid post was working as a Junior Engineer (Civil) HPPWD, Jubbal, came to be withdrawn, petitioner has approached this Court in the instant proceedings, praying therein for following reliefs:

“i. That appropriate writ, order or direction may very kindly be issued and the impugned order dated 08.12.2021 (Annexure P-5) may very kindly be quashed and set aside, in the interest of law and justice.

ii. That appropriate writ, order or direction may very kindly be issued directing the respondents to allow the petitioner to perform the duties against the post of Assistant Engineer (Civil) strictly in consonance with office order dated 18^th August, 2021 (Annexure P-4), in the interest of law and justice.”

2. Facts, shorn of unnecessary details, but relevant for adjudication of the case at hand are that on 19.09.2013, pursuant to recommendation made by Subordinate Services Selection Board, Hamirpur, petitioner herein came to be selected against the post of Junior Engineer (Civil) in the pay-scale of Rs.10300-34800+3800 Grade Pay in the department of Public Works Department, Himachal Pradesh. Pursuant to aforesaid offer of appointment, petitioner came to be deputed in the office of HPPWD, Jubbal, District Shimla.

3. On 28.12.2013, petitioner, while in service, applied to the respondent-department for permission to do AMIE Degree, which was granted in his favour. Petitioner completed his AMIE Degree in the year 2016. Vide order dated 18.08.2021 (Annexure P-4), petitioner, who at relevant time had completed his AMIE Degree, was given the charge of the post of Assistant Engineer (Civil) at Sub-Division Tissa, District Chamba. After four months of his placement against the post of Assistant Engineer, vide order dated 08.12.2021 (Annexure P-5), respondents withdrew the order dated 18.08.2021 (Annexure P-4) with the direction to petitioner to join in the office of Executive Engineer, Rohru, for further posting as Junior Engineer (Civil). Afore order dated 08.12.2021 came to be passed on the basis of complaint made by General Secretary, Graduate Engineer Association, who alleged that petitioner was not eligible to be given the charge of the post of Assistant Engineer. In the afore background, petitioner has approached this Court in the instant proceedings, praying therein for reliefs, reproduced hereinabove.

4. Pursuant to notices issued in the instant proceedings, respondents No.1 and 2 have filed reply, wherein facts, as have been recorded hereinabove, have not been disputed, rather, attempt has been made to defeat the claim of the petitioner, as has been put forth in the petition, on the ground that since prior to assigning the duties of the post of Assistant Engineer, Rule 7 of Recruitment & Promotion Rules (for short, hereinafter referred to as ‘R&P Rules’) for the post of Assistant Engineer (Civil) stood amended and as per aforesaid Clause, candidate must possess regular full time degree in Civil Engineering from an Institute/University duly approved/recognized by the AICTE/UGC or AMIE enrolled upto on or before 31.05.2013 from Institute of Engineers (India), Calcutta, petitioner could not have been assigned the wo