LAW FOR ALL

Service matter - Diploma Holder - Degree Holder - Engineers - acquisition of AMIE qualification - promotion - challenged against the orders of High court - Apex court held that 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 qualification 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 or degree of AMIE. We direct the Board and its authorities to treat the writ petitions filed in the High Court as disposed of in the light of our aforesaid views and to determine the controversies raised in the writ petitions in that light by granting relief to the eligible persons expeditiously and preferably within 4 months, without upsetting the transactions which had taken place earlier and were not under challenge in the writ petitions. In other words, the regular promotions made in the past prior to 1992, which were not subject matter of writ petitions filed in 1992 will not be re-opened on account of views expressed in this judgment. In the facts and circumstances of the case, there shall be no order as to costs.=CIVIL APPEAL NOS. 8479-8482 OF 2014 [Arising out of S.L.P.(C)Nos.19220-19223 of 2007] K.K. Dixit & Ors. etc. …..Appellants Versus Rajasthan Housing Board & Anr. etc. …..Respondents = 2014 - Sept. Month - http://judis.nic.in/supremecourt/filename=41882