DDA GRADUATE ENGINEERS' ASSOCIATION AND ORS. versus LIEUTENANT GOVERNOR OF DELHI AND ORS.

DDA GRADUATE ENGINEERS' ASSOCIATION AND ORS. versus LIEUTENANT GOVERNOR OF DELHI AND ORS.

DDA, by Resolution No. 105 (1971), intended to adopt not only the statutory rules but also the procedures and eligibility conditions for promotion to Executive Engineer as contained in the CPWD Manual. Therefore, diploma-holder Assistant Engineers with 10 years' service and graduate Assistant Engineers with 8 years' service were both eligible for promotion; the appellants cannot challenge this practice, which was consistently followed and accepted.

Parties
Appellants: DDA Graduate Engineers' Association and Ors.; Respondents: Lieutenant Governor of Delhi and Ors.
Jurisdiction
India
Judgment Date
09 September 1992
Procedural Posture
Civil Appeal / Appeal From High Court Decision, Final Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Promotion Rules, Interpretation of Statutory and Executive Rules, Eligibility for Promotion to Executive Engineer, Application of CPWD Manual and Recruitment Rules

Case Brief

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Parties

DDA Graduate Engineers' Association and Ors.

Appellants

Lieutenant Governor of Delhi and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Decision, Final Supreme Court Judgment

  1. 1 Whether diploma-holder Assistant Engineers are eligible for promotion as Executive Engineer in DDA based on Resolution No. 105 of 1971 and applicable CPWD rules/instructions

Ratio Decidendi

DDA, by Resolution No. 105 (1971), intended to adopt not only the statutory rules but also the procedures and eligibility conditions for promotion to Executive Engineer as contained in the CPWD Manual. Therefore, diploma-holder Assistant Engineers with 10 years' service and graduate Assistant Engineers with 8 years' service were both eligible for promotion; the appellants cannot challenge this practice, which was consistently followed and accepted.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs