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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?

1
2012 Indlaw CAT 97

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