Central Administrative Tribunal - Kolkata
Tabassum Shamshad vs Electricity on 1 November, 2025
1 o.a. 351/273/24
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
(Circuit sitting at Port Blair)
OA. 351/273/2024 Date of hearing:16.09.2025
Date of Order: 01.11.2025
Present: HON'BLE SMT. URMITA DATTA (SEN), JUDICIAL MEMBER
HON'BLE MR. SUCHITTO KUMAR DAS, ADMINISTRATIVE MEMBER
Ms. Tabassum Shamshad, D/o. Mr. Shamshad Ali, aged
about 48 years, residing near Ahamediya Masjid, Lamba
Line, Port Blair, South Andaman, Pincode- 744101.
......Applicant
Vs.
1. Union of India, service through the Secretary, Ministry of
Power, Shram Shakti Bhawan, Rafi Marg, New Delhi-
110001.
2. The Liutenant Governor, Andaman and Nicobar Islands, Raj
Niwas, Port Blair.
3. The Chief Secretary, Andaman and Nicobar Administration,
Secretariat, Port Blair- 744101.
4. Andaman and Nicobar Administration, through the Chief
Secretary, Secretariat Port Blair, Andaman and Nicobar
Admn. Port Blair- 744101.
5. The Secretary (Power), Secretariat Port Blair, Andaman and
Nicobar Admn. Port Blair- 744101.
6. The Superintending Engineer, Electricity Department, A&N
Admn. Port Blair- 744101.
7. The Assistant Director (Admn), Electricity Department, A&N
Admn. Port Blair- 744101.
Digitally signed by
Pampa Nandi Debnath
DN: C=IN, O=Personal,
T=1575, OID.2.5.4.65=
133596280922834876S
4dj74l44OOh8c,
Phone=
feef9776669c46fe6184e
820dd910dd7d0159394
2dd0b54986bb0e38968
Pampa 15227, PostalCode=
700131, S=West
Nandi Bengal,
SERIALNUMBER=
965e50cc3fa0709cded2
Debnath 168635dee2247261f62b
bbc47678dd5cb72a133
ee6b9, CN=Pampa
Nandi Debnath
Reason: I am the author
of this document
Location:
Date: 2025.11.01
13:24:22-07'00'
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Version: 2024.4.0
2 o.a. 351/273/24
8. Smti. Suman Kishen, Assistant Engineer, Electricity
Department, A&N Admn. Port Blair- 744101(through AD
(Admn).
9. Smti. Hema Devi, Assistant Engineer, Electricity
Department, A&N Admn. Port Blair- 744101 (through AD
(Admn).
10.Smti. Usha Kapoor, Assistant Engineer, Electricity
Department, A&N Admn. Port Blair- 744101 (through AD
(Admn).
................Respondents
For the Applicant : Mr. T. D. Cruz, Counsel
For the Respondents : Mr. R. Kumar, Counsel
ORDER
Per: Mr. Suchitto Kumar Das, Administrative Member :
The applicant has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:
"(a) To quash and/or set aside the promotion granted to the private respondents arrayed at serial No. 8, 9 & 10 under degree quota, who are junior to this applicant.
(b) To declare that no further action on promotion to the post of Assistant Engineer in Electricity Department shall be sustainable in the eyes of law without considering the promotion case of this applicant."
2. The applicant is a Junior Engineer working in the Electricity Department from the year 1997. Initially while joining the department, she was holding qualification of Diploma. Subsequently, in the year 2007 she passed sections A and B exams conducted by the Institution of Engineers (India) in Electronics and Communication Engineering, which is equivalent to Degree in the appropriate branch of Engineering. Further, she has also acquired M. Tech, i.e. Master Degree Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 Pampa 15227, PostalCode= 700131, S=West Nandi Bengal, SERIALNUMBER= 965e50cc3fa0709cded2 Debnath 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.11.01 13:24:22-07'00' Foxit PDF Reader Version: 2024.4.0
3 o.a. 351/273/24 in Electronics and Communication Engineering (Microwaves) in the year 2015.The applicant states that she is eligible for promotion under the 50% vacancies earmarked for degree holders with 5 years regular service in the grade of Junior Engineer as per the Recruitment Rule dated 11.01.2022 published by the A&N Administration. The respondent authorities issued a promotion order dated 15th February, 2023 by promoting Junior Engineers to the post of Assistant Engineers wherein applicant's name and one Mr. Mahesh Kumar Lal under degree quota were omitted while granting promotion to the respondent no. 8 herein. The applicant submitted a representation dated 08.10.2023 to the Chief Secretary to consider her case of promotion to the post of Assistant Engineer in Electricity Department at par with other graduate engineers holding the degree of Electronics and Communication Engineering. Without disposing the above representations of the applicant, another promotion order was issued on 19.01.2024 by the respondent authorities, whereby two more juniors i.e. respondent Nos. 9 & 10 to the applicant were granted promotion to the post of Assistant Engineer. The respondent no. 7 rejected her representations dated 08.10.2023 & 16.01.2023 and issued a memo dated 25.01.2024 stating that "in order to claim promotion against such quota the three years experience of service must be acquired after obtaining the qualification of degree of AMIE" . The applicant has filed this OA challenging the rejection of her claim for promotion.
3. Learned counsel for the applicant states that the applicant is eligible for promotion under the degree quota w.e.f. 2010 as per Recruitment Rule dated 11.01.2022 published by the A&N Administration as the Government of India has recognized passing of Sections A & B Examination conducted by the Institution of Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 Pampa 15227, PostalCode= 700131, S=West Nandi Bengal, SERIALNUMBER= 965e50cc3fa0709cded2 Debnath 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.11.01 13:24:22-07'00' Foxit PDF Reader Version: 2024.4.0 4 o.a. 351/273/24 Engineers (India) as equivalent to degree in appropriate branch of Engineering of the recognized Universities in India.
3.1. Learned counsel for the applicant submits that the respondent authorities issued a promotion order dated 15th February, 2023 promoting Junior Engineers to the post of Assistant Engineer wherein name of the applicant and name of one Mr. Mahesh Kumar Lal were omitted. The said Mr. Mahesh Kumar Lal was finally granted the promotion on 05.10.2023 by the respondent authorities after accepting the Degree in Electronics and Communication Engineering to be a valid degree for grant of promotion to the post of Assistant Engineer in Electricity Department. However, though the applicant who was also standing on the same footing, her candidature was ignored by the respondent authorities.
3.2. Learned counsel for the applicant submits that after granting promotion to her juniors, the respondent no. 7 rejected her request for considering her case for promotion under degree quota raised in the representation dated 08.10.2023 and 16.01.2023 by issuance of a memo dated 25.01.2024 stating that "in order to claim promotion against such quota the three years" experience of service must be acquired after obtaining the qualification or degree of AMIE". No prudent person could have arrived at such a conclusion when records clearly speak that she has completed AMIE in Summer 2007 which is duly recorded in her service records, which clearly demonstrates that after passing AMIE she has already completed 15 years of regular service in the Post of Junior Engineer in Electricity Department.Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968
Pampa 15227, PostalCode= 700131, S=West Nandi Bengal, SERIALNUMBER= 965e50cc3fa0709cded2 Debnath 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.11.01 13:24:22-07'00' Foxit PDF Reader Version: 2024.4.0 5 o.a. 351/273/24 3.3. Learned counsel for the applicant further submits that at the time of DPC meeting held on 17.01.2023, her case was not considered for the only reason that as per the opinion of Personnel Department and Law Department, the applicant's qualification of AMIE is Distance Education. Such opinion is in clear violation of the gazette Notification dated 11th February 2006.
3.4. Learned counsel for the applicant also cites the following judgments in support of his argument:
(i) R. B. Desai and Another v. S. K. Khanolker and Others in Civil Appeal No. 4587 of 1999.
(ii) A. K. Raghumani Singh and Others v. Gopal Chandra Nath and Others in Civil Appeal No. 920 of 1994.
4. Learned counsel for the respondents submits that the applicant was appointed on adhoc basis under the Diploma qualification in Electronics and Communication Engineering in the Electricity Department w.e.f. 04.09.1997, subsequently her service was regularized w.e.f. 01.10.1999 and her seniority is placed under Diploma category. She subsequently, acquired Degree in Electronics and Communication Engineering during November, 2008 through distance Education AMIE. As per Supreme Court judgment dated 05.09.2014, officials recruited on the basis of diploma, upon their acquiring the qualification of "AMIE"
are not entitled to count their experience of service prior to acquisition of such qualification for the purpose of eligibility for promotion under degree holder quota. In order to claim promotion against such quota the three years experience of service must be acquired after obtaining the qualification or degree of AMIE.
Accordingly, as per the Supreme Court order, her seniority under degree category Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 Pampa 15227, PostalCode= 700131, S=West Nandi Bengal, SERIALNUMBER= 965e50cc3fa0709cded2 Debnath 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.11.01 13:24:22-07'00' Foxit PDF Reader Version: 2024.4.0 6 o.a. 351/273/24 will be considered w.e.f. November, 2011, i.e. on completion of 3 years of regular service after obtaining the qualification of Degree of AMIE. The department has considered the promotion under Degree category up to the Batch of 1999.
However, as per the above Supreme Court judgment, the applicant becomes eligible for promotion to the post of Assistant Engineer under Degree quota w.e.f.
2011. The promotion awarded to senior most Junior Engineers based on the seniority separately for Diploma and Degree holder quota i.e. 50% each. Ms. Tabassum Shamshad, JE had the qualification of Diploma in Electronics and Communication Engineering at the time of appointment. During her service period she has acquired the Degree in Electronics and Communication Engineering through Distance Education (AMIE), which is not at par with the educational qualifications prescribed in the RR of Assistant Engineer and as such the applicant submitted representation for relaxation in her educational qualification for promotion to the post of AE. Applicant's name does not come under the zone of consideration for promotion to the post of Assistant Engineer neither under Diploma quota nor under Degree quota in accordance with the Supreme Court judgment order dated 05.09.2014. The seniority list of Junior Engineer as on 01.02.2022 circulated vide letter dated 20.04.2022 is a combined seniority list of Diploma & Degree Holder. All the private respondents are Degree holders and appointed on 1st October, 1999 and as per the provision of RR they are eligible for promotion under 50% degree quota with effect from October, 2004. The applicant during her initial appointment (01.10.1999) was possessing the qualification of Diploma in Electronics and Electrical Engineering and her seniority was placed under Diploma quota. Subsequently, as per certificate dated 08.11.2008 she acquired the Degree in Electronics and Communication Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 Pampa 15227, PostalCode= 700131, S=West Nandi Bengal, SERIALNUMBER= 965e50cc3fa0709cded2 Debnath 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.11.01 13:24:22-07'00' Foxit PDF Reader Version: 2024.4.0 7 o.a. 351/273/24 Engineering through Distance Education (AMIE) during 2008 and as such as per Hon'ble Supreme Court judgment dated 05.09.2014 she is eligible for promotion under degree quota with effect from November, 2011.
4.1. Learned counsel for the respondents also submits that the applicant herself admitted that she is eligible for promotion under degree quota with effect from 2010 as per the Recruitment Rule dated 11.01.2022.
5. In his rejoinder, the applicant has submitted that the selection process for the post of Junior Engineers in Electricity Department is common for Diploma holders and the Degree holders. Therefore, there is no scope for altering the initial seniority, pre-determined based on the merit at the time of regular appointment. The applicant is placed at serial No. 60 in the published common seniority list, and the said seniority list cannot be construed differently by the respondents only because the applicant acquired qualification of AMIE, equivalent to degree while in service.
It is also submitted that the respondents have mistaken the eligibility list as seniority list. It is well settled that seniority list must remain common seniority list since selection process for the post of Junior Engineers in Electricity Department is common for Diploma holders and the Degree holders based upon merit assessed at the time of selection for recruitment for both.
6. Heard the parties. Perused the materials on record.
7. Applicant joined as a Junior Engineer in the Electricity Department in 1997 on the basis of her Diploma in Electronics and Communication. She acquired a degree in the same stream from Institution of Engineers by qualifying in Part I and 2 of the AMIE examination. The combined seniority list published in 2022 places Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 Pampa 15227, PostalCode= 700131, S=West Nandi Bengal, SERIALNUMBER= 965e50cc3fa0709cded2 Debnath 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.11.01 13:24:22-07'00' Foxit PDF Reader Version: 2024.4.0 8 o.a. 351/273/24 her above the private respondents who, however, had joined as JEs after acquiring a degree in Engineering. It is the applicant's case that since she is a degree holder and has an experience of more than 15 years after acquiring the degree, she is eligible for promotion ahead of the private respondents who have been promoted ignoring the claim of the applicant. Respondents on the other hand justified their action on the plea that the applicant acquired her degree in 2008 whereas the private respondents already held degrees in Engineering when they joined as JEs in 1999. Respondents have also questioned the validity of her degree acquired through distance education.
Promotion to the post of Assistant Engineers in governed by the RRs for the post. Eligibility conditions prescribed in the RRs are as follows:
"11. Promotion:
(a) 50% from Junior Engineers in Pay Level - 6 (Rs. 35400- 112400) with 5 (five) years regular service in the grade and possessing Degree in Electrical/Electrical and Electronics/Mechanical Engineering from a recognized University.
(b) 50% from Junior Engineers in Pay Level - 6 (Rs. 35400- 112400) with 5 (five) years regular service in the grade and possessing Diploma in Electrical/Electrical and Electronics/Mechanical Engineering from a recognized University/Institution.
Note: Where juniors who have completed their qualifying eligibility service are being considered for promotion, their seniors would also be considered provided they are not short of the requisite qualifying/eligibility service by more than half of such qualifying/eligibility service or two years, whichever is less, and have successfully completed their probation period for promotion to the next higher grade alongwith their juniors who have already completed such qualifying/eligibility service."
Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968Pampa 15227, PostalCode= 700131, S=West Nandi Bengal, SERIALNUMBER= 965e50cc3fa0709cded2 Debnath 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
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8. Respondents have questioned the validity of the applicants' AMIE degree on the ground that it has been acquired through distance education. The RRs quoted above stipulates that the degree in Engineering should be from a recognized University. RRs do not exclude a degree acquired through distance education from the ambit of recognized university. In fact the degree certificate issued by the Institution of Engineers to the applicant states as follows:
"Government of India, in continuation to its earlier recognition, has recognized passing of Sections A& B Examinations as revised, conducted by the Institution of Engineers (India), as equivalent to degree in the appropriate branch of engineering by the recognized universities in India and has notified in the Gazette of India."
Moreover, the applicant has subsequently acquired a Masters degree from Burdwan University after availing study leave from the respondent organization.
Sanction of her study leave by the respondents and the issue of a certificate of Master Degree from a recognized university presupposes the validity of her bachelor's degree in Engineering. The respondents are therefore not justified in questioning the validity of her bachelor's degree in Engineering.
9. Respondents have relied on the judgment of the Hon'ble Supreme Court in CA 8479-8482 of 2014. Operative part of the judgment is quoted below:
"34. In the light of aforesaid discussions, we find merit in these appeals and they are accordingly allowed to the extent of reversing the views of the High court in respect of Question no. 2 as noted by the Division Bench in the common judgment under appeal. We hold that the Project Engineers (Junior) recruited on the basis of diploma, upon their acquiring the qualification of 'AMIE' are not entitled to count their experience of service prior to acquisition of such qualifying for the purpose of eligibility for promotion to the post of Project Engineer (Senior) against the 20% quota fixed for promotion of degree holder Project Engineers (Junior). In order to claim promotion against such 20% quota the three years experience of service must be acquired after obtaining the qualification of degree of AMIE."Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968
Pampa 15227, PostalCode= 700131, S=West Nandi Bengal, SERIALNUMBER= 965e50cc3fa0709cded2 Debnath 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
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10 o.a. 351/273/24
10. A plain reading of the entire judgment particularly the above quoted part makes it clear that the Hon'ble Supreme Court held that the required experience should be acquired after acquisition of the degree by an employee and that the experience acquired prior to the acquisition of the degree will not count while considering her eligibility for promotion. Respondents have misread the order of the Hon'ble Supreme Court by interpreting it to mean that the applicant's seniority as a degree holder will count from three years after she acquired the bachelor's degree.
In R. B. Desai and Another v. S. K. Khanolker & Ors.in Civil Appeal No. 4587 of 1999, the Hon'ble Supreme Court has held that :
"9. ........Therefore, the question for consideration is: can the acquisition of an earlier eligibility given an advantage to the first respondent as against the appellants when an avenue for promotion opens in the cadre of ACFs even though at that point of time the appellants had also acquired the required eligibility? We are of the opinion that if at the time of consideration for promotion the candidates concerned have acquired the eligibility, then unless the rule specifically gives an advantage to a candidate with earlier eligibility, the date of seniority should prevail over the date of eligibility. The rule under consideration does not give any such priority to the candidates acquiring earlier eligibility and, in our opinion, rightly so. In service law, seniority has its own weightage and unless and until the rules specifically exclude this weightage of seniority, it is not open to the authorities to ignore the same."
RRs for the post of Assistant Engineers prescribe that 50% of the posts will be filled up by promotion from the feeder grade of JEs with degree in Engineering and with 5 years of experience. The applicant is a bachelor degree holder in Engineering as she has more than 5 years of experience. In fact, she has 15 years of experience after acquiring her bachelor's degree. There can be no doubt about her eligibility for promotion under the degree holders' quota. It is not disputed that there is only one seniority list of all junior engineers irrespective of their academic qualifications. In that integrated seniority list the applicant is placed above the private respondents who have been granted promotion. Respondents Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 Pampa 15227, PostalCode= 700131, S=West Nandi Bengal, SERIALNUMBER= 965e50cc3fa0709cded2 Debnath 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.11.01 13:24:22-07'00' Foxit PDF Reader Version: 2024.4.0
11 o.a. 351/273/24 have confused eligibility with seniority. The distinction has been clearly brought out in the judgment of the Hon'ble Supreme Court in Union of India vs. Deo Narain & Ors. (008 1NSC 1036) in which the Hon'ble Apex Court has clarified that while eligibility pertains to an employee meeting the criteria for promotion based on qualifications and experience, seniority determines the employee's ranking relating to peers. The applicant being eligible for promotion as a degree holder with requisite experience and by virtue of her seniority over the private respondents in the seniority list of 2022 deserves to be considered for promotion ahead of the private respondents.
11. In view of the discussion above and the ratio laid down by the Hon'ble Supreme Court in R. B. Desai (supra) quoted above, in our considered opinion the respondents have erred in denying the applicant her right to be considered for promotion. We accordingly quash and set aside the impugned order dated 25.01.2024 and direct the respondents to conduct a review DPC for considering grant of promotion to the applicant in the light of our observations given above. If found eligible, she will be granted promotion to the post of Assistant Engineer by placing her above the private respondents and also to grant her all consequential benefits within a period of 90 days from the date of copy of this order is received in their office. It is however made clear that the applicant will not be entitled to any back wages.
OA is disposed of accordingly. No costs.
(Suchitto Kumar Das) (Urmita Datta (Sen))
Administrative Member Judicial Member
pd
Digitally signed by
Pampa Nandi Debnath
DN: C=IN, O=Personal,
T=1575, OID.2.5.4.65=
133596280922834876S
4dj74l44OOh8c,
Phone=
feef9776669c46fe6184e
820dd910dd7d0159394
2dd0b54986bb0e38968
Pampa 15227, PostalCode=
700131, S=West
Nandi Bengal,
SERIALNUMBER=
965e50cc3fa0709cded2
Debnath 168635dee2247261f62b
bbc47678dd5cb72a133
ee6b9, CN=Pampa
Nandi Debnath
Reason: I am the author
of this document
Location:
Date: 2025.11.01
13:24:22-07'00'
Foxit PDF Reader
Version: 2024.4.0
12 o.a. 351/273/24