AIR 1992 SUPREME COURT 564 ::1992 AIR SCW 181 ::1992 LAB. I. C. 351 ::1992 (1) CurLR 916 ::(1992) 64 FacLR 326 ::1992 SCC (L&S) 451 ::1992 (2) LabLN 850 ::1992 (6) ServLR 143 ::1992 (1) SCC(Supp) 584 ::1992 SCC (Supp) 1 584 ::(1992) 1 UPLBEC 2 ::(1991) 5 JT 354 (SC)

Supreme Court Of India

Hon'ble Judge(s): Lalit Mohan Sharma, J. S. Verma, S. C. Agrawal , JJJ

Constitution of India , Art.311, Art.309 Proviso— Recruitment Rules for Post of Assistant Engineer in Public Works Department , R.11— Promotion - Requirement of three years' service as Degree-holder - Diploma-holder Junior Engineer obtaining degree while in service - Period of three years is to be reckoned from date he obtains degree and not earlier. The period of three years' service in the grade required for Degree-holders according to R.11 as the qualification for promotion to post of Assistant Engineer in that catergory must mean three year' service in the grade as a Degree-holder and, therefore, that period of three years can commence only from the date of obtaining the Degree and not earlier. The service in the grade as a Diploma-holder prior to obtaining the Degree cannot be counted as service in the grade with a degree for the purpose of three years' service as Degree holder. It was more so when the practice followed in the Department for a long time was that in the case of Diploma-holder Junior Engineers who obtained the Degree during service, the period of three years' service in the grade for eligibility for promotion as Degree-holders commenced from the date of obtaining the Degree and the earlier period of service as a Diploma-holder was not counted for this purpose.(Para 4 5) .....