Indian Kanoon - Search engine for Indian Law

However, having studied the rules carefully and in the light of a decision of this Court in State of Gujarat v. C.G. Desai , we arc satisfied that the petitioner who is a Degree holder must qualify under Rule 6 by being a Junior Engineer of five years' experience. He cannot, when there is a shortfall in his period make up by attracting his service as Supervisor.

The averment that a common seniority list of Supervisors and Junior Engineers was maintained has been disputed and there is no finding of fact recorded by the Tribunal in support thereof. It is, however, not in dispute that Supervisors as well as Junior Engineers were non-gazetted till the issuance of the order dated June 7, 1976 made effective from February 28, 1972. After the said orders Supervisors who acquired a degree after the cut-off date, i.e. February 28, 1972, could aspire to be designated Junior Engineers (Gazetted) only by the mode of transfer in view of the amendment in the rules by G.O. Ms. No. 428 dated March 30, 1979. The note at the foot of the said G.O.Ms is of relevance. By virtue thereof a Supervisor appointed Junior Engineer by transfer on or after February 28, 1972 became entitled to count l/3rd of his service as Supervisor, subject to a maximum of 4 years, for computing the service as Junior Engineer for further promotion as Assistant Engineer. This was however subject to the condition that he should have completed atleast one year's service as Junior Engineer to become eligible for promotion to the said post of Assistant Engineer. But no such weightage was to be allowed to a Supervisor who had not completed three years' service as Supervisor prior to becoming a Junior Engineer. The benefit of weightage is restricted to a Supervisor who has been appointed a Junior Engineer and who seeks further promotion as an Assistant Engineer.