The applicants and private respondents were originally employed as Junior Engineers by the Department of Telecom and later promoted to Assistant Engineers. Their service conditions were governed by the Department's 1976 Rules of Recruitment, which were amended in 1994. According to the amended rules, 50% of promotions to Executive Engineer were to come from Assistant Executive Engineers who completed probation and served 4 years, and 50% were to come from Assistant Engineers/Assistant Surveyors who completed probation and served 8 years with an engineering degree. The issue is whether promoting non-graduate Engineers to the post of Executive Engineer is allowed.
The applicants and private respondents were originally employed as Junior Engineers by the Department of Telecom and later promoted to Assistant Engineers. Their service conditions were governed by the Department's 1976 Rules of Recruitment, which were amended in 1994. According to the amended rules, 50% of promotions to Executive Engineer were to come from Assistant Executive Engineers who completed probation and served 4 years, and 50% were to come from Assistant Engineers/Assistant Surveyors who completed probation and served 8 years with an engineering degree. The issue is whether promoting non-graduate Engineers to the post of Executive Engineer is allowed.
The applicants and private respondents were originally employed as Junior Engineers by the Department of Telecom and later promoted to Assistant Engineers. Their service conditions were governed by the Department's 1976 Rules of Recruitment, which were amended in 1994. According to the amended rules, 50% of promotions to Executive Engineer were to come from Assistant Executive Engineers who completed probation and served 4 years, and 50% were to come from Assistant Engineers/Assistant Surveyors who completed probation and served 8 years with an engineering degree. The issue is whether promoting non-graduate Engineers to the post of Executive Engineer is allowed.
Pawan Kumar Garg and others v Chairman & Managing Director, Bharat Sanchar
Nigam Limited, New Delhi and others1
Facts: The applicants as well as the private respondents (diploma holders) originally were employed by the Department of Telecom (DOT) as Junior Engineers (JEs); afterwards they were promoted as Asstt. Engineers (AEs). The service conditions of the applicants were then regulated by the RRs of 1976 of the Department which were amended in 1994. According to the revised RRs of the Department, promotion to the next higher rank of the Executive Engineer (EE)(C) was governed in the following manner:- (i) 50% from Asstt. Executive Engineers (Civil) who have completed probation and have rendered not less than 4 years regular service in the grade on the basis of seniority-cum- fitness. (ii) 50% from Asstt. Engineer (Civil)/Asstt. Surveyor of Works (Civil)/Engg. Asstt.(Civil) who have completed probations and have rendered not less than 8 years regular service in the grade and possess a degree in engineering or equivalent. ISSUE: Whether proposal of promoting non-Graduate Engineers to post of Executive Engineer is sustainable?
Commissioner of Central Excise Chennai IV Commissionerate, Chennai V Customs Excise and Service Tax Appellate Tribunal South Zonal Bench, Chennai and Another Facts