Himachal Pradesh High Court
Reserved On: 02.04.2025 vs State Of Himachal Pradesh & Others on 10 April, 2025
Author: Sandeep Sharma
Bench: Sandeep Sharma
2025:HHC:10148-DB
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.8095 of 2021
Reserved on: 02.04.2025
Date of Decision: 10.04.2025
_________________________________________________________
Rajeev Bisht .........Petitioner
Versus
State of Himachal Pradesh & Others .......Respondents
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? Yes.
For the Petitioner: Mr. Sanjeev Bhushan, Senior Advocate, with
Mr. Rajesh Kumar, Advocate.
For the Respondents: Mr. Rajan Kahol, Mr. B.C Verma & Mr. Vishal
Panwar, Additional Advocate Generals, with Mr.
Ravi Chauhan, Deputy Advocate General, for
State.
Mr. Sunil Mohan Goel, Senior Advocate, with
Mr. Raman Jamalta, Advocate, for respondents
No.3 to 5.
_________________________________________________________
Sandeep Sharma, J.
Being aggrieved and dissatisfied with the order dated 08.12.2021, 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against the aforesaid post was working as a Junior Engineer (Civil) HPPWD, 2025:HHC:10148-DB -2- Jubbal, came to be withdrawn, petitioner has approached this Court in the instant proceedings, praying therein for following reliefs: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 2025:HHC:10148-DB -3- 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 2025:HHC:10148-DB -4- 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 work of Assistant Engineer. It is averred in the reply that since petitioner was enrolled with the Institute of Engineers (India) from the year 2016, he was not eligible to be promoted against the post of Assistant Engineer.
5. Though at first instance respondents No.3 to 5 were not made party respondents, but after passing of order dated 20.12.2023, whereby it came to be ordered that one post of Assistant Engineer (Civil), falling in the share of Junior Engineers (Civil), who acquired AMIE Degree under Rule 11(ii) under Himachal Pradesh Public Works Department, Assistant Engineer (Civil), Class-I, Gazetted Recruitment and Promotion (7th Amendment Rules, 2020) (10% quota of the existing R&P Rules), shall be kept vacant, respondents No.3 to 5, who were next in line for promotion against the afore post, approached this Court by way of CMP No.20078 of 2023 for impleadment. Vide order dated 16.05.2024, this Court ordered impleadment of respondents No.3 to 5, who though subsequently chose not to file separate reply, but with the permission of the Court, adopted the reply filed on behalf of respondents No.1 & 2.
6. I have heard the parties and gone through the records.
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7. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvased by Mr. Sanjeev Bhushan, learned Senior Counsel representing the petitioner is that work of Assistant Engineer assigned to the petitioner, vide order dated 18.08.2021 (Annexure P-4), could not have been withdrawn, on account of amendment in the R&P Rules, notified vide notification dated 07.02.2020, because amendment, if perused in Column No.7, is not applicable in the case of the petitioner, rather, same applies to the candidate applying for the post in question under direct quota. To substantiate aforesaid claim of the petitioner, Mr. Bhushan specifically invited attention of this Court to R&P Rules, 2002, which were notified vide notification dated 30.05.2002. It would be apt to take note of Column Nos.7 & 8 of afore Rules, which may be relevant for the adjudication of the case at hand:
7. Minimum Education and other ESSENTIAL:
Qualifications required for direct (a) Must possess a degree in Civil recruits: Engineering or its equivalent from an Institution/University duly recognised by the Central/State Govt.
DESIRABLE:
(b) Knowledge of customs, manners and dialects of Himachal Pradesh and suitability for appointments in peculiar conditions prevailing in the Pradesh.
8. Whether age and educational AGE: Not applicable Qualifications prescribed for direct recruits will apply in the case of EDUCATIONAL QUALIFICATION:
promotees. Not applicable.
2025:HHC:10148-DB
-6-
8. Mr. Bhushan, learned Senior Counsel representing the petitioner argued that Column No.7 of R&P Rules prescribes for qualification for the post of Assistant Engineer to be filled through direct recruitment. He submitted that Column No.8 clearly provides that educational qualification prescribed for direct recruits will not apply in the case of promotees. He submitted that though aforesaid Column No.7 was subsequently modified vide notification dated 07.02.2020 (Annexure P-6), thereby prescribing that candidate desirous of getting selected against the post of Assistant Engineer must possess regular full time degree in Civil Engineering from an Institute/University duly approved/recognized by the AICTE/UGC or AMIE and should also be enrolled with Institute of Engineers (India), Calcutta on or before 31.05.2013, but amendment of Column No.7 in the R&P Rules may not have much bearing in the case of the petitioner, who was otherwise required to be considered for promotion under 10% quota, required to be filled-in through Junior Engineer (Civil), who acquire AMIE or equivalent degree during service, having 3-years of regular or regular with ad hoc services. He submitted that since petitioner herein was to be considered for promotion against the 10% quota, being promotee, he could not have denied assignment of work/promotion to the post of Assistant Engineer on the ground that he was enrolled with Institute of 2025:HHC:10148-DB -7- Engineers (India), Calcutta, after 31.05.2013. While referring to the notification dated 15.10.2005 (Annexure P-2), whereby Governor of Himachal Pradesh, in consultation with the Himachal Pradesh Public Service Commission, amended Himachal Pradesh Public Works Department, Assistant Engineer (Civil), Class-I (Gazetted), Recruitment and Promotion Rules, 2002, notified vide department notification dated 30.05.2002, learned Senior Counsel representing the petitioner stated that Junior Engineer (Civil), who require AMIE or its equivalent Degree during service as Junior Engineer (Civil) having 3-years regular service or regular combined with continuous ad hoc service in the grade, was to be considered for promotion under 10% quota. He submitted that since specific quota was provided for afore category, coupled with the fact that petitioner beside having 3-years regular service in the cadre of Junior Engineer (Civil) had also Degree of AMIE, he was fully eligible to be promoted against the post of Assistant Engineer.
9. To the contrary, Mr. Sunil Mohan Goel, learned Senior Counsel representing respondents No.3 to 5 while supporting the impugned action of respondents, vehemently argued that amendment made to Rule 7 of R&P Rules would also be applicable in the case of the petitioner. He submitted that legislation must be read in its entirety to understand the true intent of the legislation and provisions of the legislation should not be read in isolation of each other. He submitted 2025:HHC:10148-DB -8- that there should be harmonious construction of the R&P Rules and all the Rules must be read together, rather than interpreting each Rule separately. While refuting the contention of the petitioner that Column No.7 is not applicable in the case of the petitioner, Mr. Goel submitted that 10% quota provided under Rule 11(ii) of the R&P Rules is an accelerated promotion on the basis of qualification of the candidate, but once it is admitted case of the petitioner that he got himself enrolled into the Institute of Engineers (India), Calcutta on 29.11.2013 and completed his AMIE in 2016, he could not have been given accelerated promotion under 10% quota. He submitted that qualification provided under Rule 7 of R&P Rules and Rule 11(ii) is one and the same with the only difference being that he should have acquired that qualification during the course of his service as a Junior Engineer and secondly, he should be having 3-years of regular or regular ad hoc service. He submitted that once AMIE done by the petitioner is not recognized in terms of the Office Memorandum issued by the Government and further in view of the public notices issued by the AICTE, no illegality can be said to have been committed by the respondents while withdrawing the order dated 18.08.2021, whereby petitioner was assigned the duty of Assistant Engineer. While referring to the judgment passed by High Court of Delhi in case titled as Yashpal Singh Jadeja and Others Vs. All India Council of Technical Education (AICTE), WP(C) No.4059 of 2019, 2025:HHC:10148-DB -9- decided on 04.07.2022, Mr. Goel submitted that though at first instance, High Court of Delhi had stayed the operation of notification of the year 2012, but subsequently while disposing of the afore case, High Court of Delhi clarified that judgment of Hon'ble Supreme Court is undeniably a final decision on the issue of equivalence of AMIE course with a degree in engineering. He submitted that since Supreme Court has categorically held that benefit of Membership Certificate will only be extended to the students who were enrolled in the AMIE course up to 31.05.2013 and not thereafter, there was otherwise no occasion for official-respondents to give accelerated promotion to the petitioner.
10. There is no dispute that on 19.09.2013, petitioner was appointed as Junior Engineer (Civil) in the HPPWD. It is also not in dispute that petitioner herein, after having obtained necessary permission from the respondent-department, applied for doing the AMIE Degree from the Institute of Engineers (India), Calcutta. It is also not in dispute that petitioner completed his AMIE in the year 2016. As per R&P Rules, 70% of the posts of Assistant Engineer are to be filled by promotions and 30% are to be filled by direct recruitment. Further in the 70% posts to be filled by promotions, 10% of the posts are to be filled in through Junior Engineer (Civil), who acquire AMIE or equivalent degree during the course of service as Junior Engineer (Civil), having 3-years of regular or regular ad hoc services. It is admitted case of the parties that 2025:HHC:10148-DB -10- petitioner after his being selected against the post of Junior Engineer, acquired AMIE Degree with the due permission of the department and at the time of passing of order dated 18.08.2021 (Annexure P-4), he had 3- years regular service. In nutshell, case of the petitioner is that he got himself enrolled in the Institute of Engineers (India), Calcutta, for doing AMIE on 29.11.2013 and completed the same in the year 2016 and as such, no illegality can be said to have been committed by the official- respondents while giving the charge of post of Assistant Engineer against 10% quota, which was provided for Junior Engineers, who acquire AMIE during the course of service, having 3-years of regular service.
11. Precisely, the question, which needs to be determined in the case at hand is that "whether amendment carried out in Column No.7 of Rules in the notification dated 07.02.2020 would apply to the case of the petitioner or not?" Before exploring answer to aforesaid question, it would be apt to take note of notification dated 07.02.2020, whereby Column No.7 of R&P Rules, 2002, came to be amended:
PUBLIC WORKS DEPARTMENT NOTIFICATION Shimla-2, the 7th February, 2020 No. PBW-A-A(3)-7/2018. In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor, 2025:HHC:10148-DB -11- Himachal Pradesh, in consultation with the Himachal Pradesh Public Service Commission, is pleased to make the following Rules, further to amend the Himachal Pradesh, Public Works Department, Assistant Engineer (Civil) Class-I (Gazetted), Recruitment and Promotion Rules, 2002 notified vide this department notification No.PBW(C)A(3)3/94-II, dated 30-05-2002, namely:-
1. Short title and Commencement. - (i) These rules may be called the Himachal Pradesh Public Works Department, Assistant Engineer (Civil), Class-I (Gazetted) Recruitment and Promotion (7th Amendment) Rules, 2020.
(ii) These rules shall come into force from the date of publication in the Rajpatra (e-Gazette), Himachal Pradesh.
2. Amendment of Annexure-"A". - In Annexure-"A" to the Himachal Pradesh Public Works Department, Assistant Engineer (Civil), Class-I (Gazetted) Recruitment and Promotion, Rules, 2002. For the existing provisions against column No.7, the following shall be substituted, namely:-
ESSENTIAL QUALIFICATIONS:
"(a) 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 31-5-2013 from Institute of Engineers (India), Calcutta. DESIRABLE QUALIFICATIONS:
(b) Knowledge of customs, manners and dialects of Himachal Pradesh and suitability for appointments in peculiar conditions prevailing in the Pradesh."
By order JAGDISH CHANDER SHARMA Principal Secretary (PW) 2025:HHC:10148-DB -12-
12. If the aforesaid notification is read in its entirety, it clearly provides that person desirous of being appointed against the post of Assistant Engineer (Civil), Class-I (Gazetted), 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. True it is that vide notification dated 07.02.2020, Column No.7 of R&P Rules came to be amended in aforesaid terms, but next question which needs to be answered is whether Column No.7 of R&P Rules is applicable in the case of the petitioner, who otherwise being in-service candidate was required to be considered for promotion to the post of Assistant Engineer under 10% quota. Since Column Nos.7 & 8 of unamended Rules, have been already extracted hereinabove, there is no necessity to reproduce the same, however, at this stage, it would be apt to take note of Column No.8, which specifically provides that age and qualification prescribed for direct recruitment will not apply in the case of the promotees. Column No.7 of R&P Rules, otherwise prescribes minimum qualification for direct recruits, if it is so, there appears to be merit in the contention of Mr. Sanjeev Bhushan, learned Senior Counsel representing the petitioner that amendment, if any, of Column No.7 of R&P Rules vide notification dated 07.02.2020 (Annexure P-6) shall have 2025:HHC:10148-DB -13- no bearing on the promotion granted to the petitioner against the post of Assistant Engineer vide order dated 18.08.2021 (Annexure P-4).
13. No doubt, petitioner herein had enrolled himself with the Institute of Engineers (India), Calcutta for AMIE on 29.11.2013 instead of 31.05.2013, but since amendment carried out in Column No.7 vide notification dated 07.02.2020 is not applicable in the case of petitioner, order dated 18.08.2021 (Annexure P-4) could not have been withdrawn by the respondents. Bare perusal of notification dated 15.10.2005 (Annexure P-2) clearly reveals that Column No.11 of Rules was amended. As per amended Clause 11(ii) Junior Engineer (Civil), who acquire AMIE or its equivalent degree during service as Junior Engineer (Civil) having 3-years regular service or regular combined with continuous ad hoc service in the grade is/was to be considered in the post of Assistant Engineer under 10% quota. As per Clause 11(i) Junior Engineer (Civil) having 7-years regular service or regular combined with continuous ad hoc service in the grade was to be considered for promotion against the higher post under 45% quota, whereas Junior Engineer (Civil), who possess Degree in Civil Engineering or its equivalent at the time of appointment as Junior Engineer (Civil) having 3-years regular service or regular combined with continuous ad hoc service in the grade was to be considered for promotion under 14% quota. Lastly, Clause 11(iv) provides that Junior Engineer (Civil) who 2025:HHC:10148-DB -14- possess recognized Post Graduate Degree in Civil Engineering having 3-years regular service or regular combined with continuous ad hoc service in the grade of Junior Engineer (Civil) was to be considered for promotion to the higher post under 1% quota. Since in the case at hand, petitioner was serving as Junior Engineer (Civil) in the Public Works Department for more than 3-years and he also acquired AMIE Degree during service, he was required to be considered for promotion to the post of Assistant Engineer as per Clause 11(ii), which provides for 10% quota.
14. Though Mr. Sunil Mohan Goel, learned Senior Counsel representing respondents No.3 to 5, vehemently argued that 10% quota provided under Rule 11(ii) of the R&P Rules is an accelerated promotion on the basis of qualification of the candidate, but since petitioner got himself enrolled with Institute of Engineers (India), Calcutta on 29.11.2013 and he completed such Course in the year 2016, he could not have been granted promotion under 10% quota on account of amendment of Column No.7 of R&P Rules vide notification dated 07.02.2020 (Annexure P-6), however, for the reasons elaborated hereinabove, this Court is not persuaded to agree with the aforesaid submission of Mr. Goel. Similarly, this Court is also not in agreement with Mr. Sunil Mohan Goel, learned Senior Counsel representing respondents No.3 to 5, that qualification, as provided under Column 2025:HHC:10148-DB -15- No.7 of R&P Rules, shall also apply in the case of promotees. Rule 11 of R&P Rules, which was amended vide notification dated 15.10.2005 specifically provides for criteria to be followed for promotion of Junior Engineer (Civil) to the higher post of Assistant Engineer. Cause 11(ii) deals with a Junior Engineer (Civil), who require AMIE or its equivalent degree during service as Junior Engineer (Civil) having 3-years regular or regular combined with continuous ad hoc service in the grade. Under aforesaid provision, Junior Engineer who possess AMIE or its equivalent degree with 3-years regular service is to be considered for promotion under 10% quota reserved for this category. Had intention of Legislation to make Column No.7, which admittedly prescribes for qualification for direct recruit, applicable in the case of promotees also, there was otherwise no requirement, if any, to prescribe specific qualification under Column No.11, which provides for promotion of Junior Engineer to the post of Assistant Engineer. Since Clause 11(ii) specifically provides for promotion of Junior Engineer (Civil), who acquire AMIE or its equivalent degree during service having 3-years regular services or regular combined with continuous ad hoc services in grade, accelerated promotion granted to the petitioner vide order dated 18.08.2021 (Annexure P-4) could not have been subsequently withdrawn vide order dated 08.12.2021 (Annexure P-5).
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15. True it is that interim order passed by Delhi High Court in case titled as Yashpal Singh Jadeja case (surpa) subsequently came to be modified, but if order passed by Delhi High Court, whereby its earlier interim order came to be modified, is read in its entirety, it clearly suggests that benefit of Membership Certificate will only be extended to the students who were enrolled in the AMIE course up to 31.05.2013 and not thereafter. However, afore finding returned by Hon'ble Apex Court may not have any impact on the case of the petitioner, who, in terms of R&P Rules, was otherwise eligible for promotion to the post of Assistant Engineer under Column No.11 being in-service candidate. Finding returned by Hon'ble Apex Court with regard to benefit of Membership Certificate otherwise cannot be read into the context of in- service candidate, who admittedly prior to passing of the judgment by Hon'ble Apex Court stood inducted in service as Junior Engineer (Civil). Since R&P Rules itself provides for enhancement of qualification by doing AMIE and thereafter specific quota of 10% stands fixed for such category for promotion to the post of Assistant Engineer, rightful claim of the petitioner cannot be permitted to be defeated on account of amendment in Column No.7 of R&P Rules, which otherwise is not applicable in the case of the petitioner.
16. Consequently, in view of detailed discussion made hereinabove, this Court finds merit in the present petition and 2025:HHC:10148-DB -17- accordingly the same is allowed. Impugned order dated 08.12.2021 (Annexure P-5) is quashed and set-aside, as a result thereof, order dated 18.08.2021 (Annexure P-4), thereby assigning the duties of Assistant Engineer to the petitioner, shall revive.
Pending application(s), if any, also stand disposed of.
April 10, 2025 (Sandeep Sharma), (Rajeev Raturi) Judge