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8. From the facts available on record it appears that initially only diploma holders were appointed under the Regulations to the post of Project Engineer (Junior) and on their acquiring the certificate of AMIE while in service they were to be given benefit of their past service as diploma holders in the ratio of 3:7, i.e., 3 years of their service with AMIE was treated as 7 years of service as diploma holder for the purpose of eligibility for promotion. This benefit of past service in the prescribed ratio was on account of a Resolution of the Board dated 17.4.1979 which records that “the present practice of placing the Diploma Holder Engineers who have cleared AMIE examination in the bottom of the list of Degree Holders, is appropriate. But it has also been decided that their experience should be determinant in the ratio of 3:7 (3 years degree holders equal to 7 years diploma holders)”. Some diploma holders who were initially appointed as Project Engineers (Junior) purely on ad-hoc basis were not only regularized by the Board vide Order dated 18.5.1987 but they were also given benefit of their past service like the regularly appointed diploma holders and together with the latter category they also gained ad- hoc promotion to the post of Project Engineer (Senior) in the year 1992. In the meantime, pursuant to an advertisement of March 1988 issued by the Board, the appellants as degree holders applied and on selection, were appointed to the post of Project Engineer (Junior) on 18.3.1989. It appears that a common Provisional Seniority List of Project Engineer (Junior) including diploma, AMIE and degree holders had been issued on 11.8.1989 and although appellants had objected to the said seniority list, promotions were granted by the Board to few diploma holders on ad-hoc basis in January and February 1992, as noted above.

10. The writ petitioners preferred a review petition praying for passing of judgment on the other two grievances raised in the writ petition. The first grievance was that seniority list of degree holders and diploma holders on the post of Project Engineer (Junior) should be prepared separately. The other grievance was that in view of the Resolution No.6 dated 17.4.1979 those diploma holders who passed AMIE examination while in service, should be placed below the degree holders of that year. Both the aforesaid claims or grievances were based upon the plea that as per recruitment rules there is separate quota for the degree holders and also a separate quota for diploma holders. The learned Single Judge, by Order dated 21.9.1993, allowed the review petition to the extent of directing that the Board shall prepare separate seniority lists for degree holders and diploma holders Project Engineer (Junior) and such of the Project Engineers (Junior) who have passed AMIE examination while in service, shall be placed lowest in that year in the seniority list of degree holder Project Engineers (Junior).

2. Whether the Project Engineers (Junior) recruited on the basis of diploma, upon their acquiring the qualification of ‘AMIE’, are entitled to count their experience of service prior to acquisition of such qualification for the purpose of eligibility of ‘three years total experience of service’ for promotion to the post of Project Engineer (Senior) as provided for in column No.6 of Sr. No.2 of ‘Schedule Technical’ of Regulations of 1976?

3. Whether according to the Regulations of 1976 the diploma holders Project Engineers (Junior) on acquiring the qualification of ‘AMIE’ are liable to be placed in the seniority list of Project Engineers (Junior) below degree holders available as on the date of their acquiring such qualification and further whether according to the Regulations of 1976, a separate seniority list of Project Engineers (Junior) based on their educational qualification, viz.-degree and diploma, is required to be maintained?” On behalf of the appellants, learned counsel Ms. Shobha led the arguments.

On behalf of appellants, a submission was advanced that in Clause (9)(B) of the Regulations there is a mandate that seniority lists for each “category of employees” will be prepared and maintained and hence the Board should treat degree holders and diploma holders as separate category of employees for preparation of separate seniority lists for each of these categories. We do not find any merit in this submission. The words “category of employees” used in Clause (9)(B) in the context of the Regulations can only mean category of posts held by the employees. The word “category” has been used in the context of posts only in Clause (6) of the Regulations, although in the matter of absorption of employees working in the Board on deputation. Clause (9)(A) which provides for promotion when read together with the Schedule Technical leaves no manner of doubt that in respect of first promotion to higher post, i.e., promotion from post of Project Engineer (Junior) to Project Engineer (Senior), promotion of eligible person is required to be made on the basis of seniority-cum-merit. The High Court has rightly held that the cadre of Project Engineer (Junior) cannot be bifurcated for the purpose of seniority alone, only on the ground that for promotion to the cadre of Project Engineer (Senior) there is provision for 20% quota for degree holders and 30% quota for diploma holders. The practical view of the High Court cannot be faulted that the Board can legitimately prepare separate eligibility lists of Project Engineer (Junior) holding degree and those holding diploma. Such eligibility list could not be mistaken for seniority list which must remain common based upon merit assessed at the time of selection for recruitment. Only if the selection process had been different, there could have been any scope to argue for separate seniority lists. In absence of any legal stipulation for altering the initial seniority, pre-determined on the basis of merit at the time of initial selection and date of regular appointment, the seniority list cannot be altered only because some diploma holder Project Engineers (Junior) acquired the qualification of AMIE equivalent to a degree. The three years’ or seven years’ experience of service will entitle the degree holders and the diploma holders respectively only for inclusion of their names in the eligibility lists for promotion so as to work out satisfactorily the provision for different quota for the degree holders and the diploma holders. Hence, we find no good ground to interfere with the decision of the High Court in respect of Question no.3. Further dispute between the parties is in respect of issues arising out of Question no.2. The primal question which requires to be answered is whether the diploma holders who acquired the qualification of AMIE during service should be given the benefit of experience of service rendered by them as diploma holders for promotion to the post of Project Engineer (Senior) against the 20% quota for the degree holders or they need to acquire further three years’ experience of service after acquiring the qualification of AMIE for availing such benefit.