SHAILENDRA DANIA AND ORS. versus S.P. DUBEY AND ORS.

SHAILENDRA DANIA AND ORS. versus S.P. DUBEY AND ORS.

Diploma-holder Junior Engineers who obtain a degree during service must complete three years of service as a degree-holder to become eligible for promotion to Assistant Engineer in the degree-holder Junior Engineer quota; service rendered as diploma-holder cannot be substituted for service rendered as degree-holder.

Parties
Appellant: Shailendra Dania and Ors.; Respondent: S.P. Dubey and Ors.
Jurisdiction
India
Judgment Date
17 April 2006
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeals allowed; impugned High Court judgment set aside.
Legal Topics
Promotion, Service Experience, Educational Qualifications for Promotion in Government Service
Service Law Promotion Service Experience Educational Qualifications for Promotion in Government Service

Case Brief

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Parties

Shailendra Dania and Ors.

Appellant

S.P. Dubey and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a diploma-holder Junior Engineer who obtained a degree while in service became eligible for promotion to Assistant Engineer on completion of three years of service after obtaining the degree, or on completion of three years of service prior to obtaining the degree

Ratio Decidendi

Diploma-holder Junior Engineers who obtain a degree during service must complete three years of service as a degree-holder to become eligible for promotion to Assistant Engineer in the degree-holder Junior Engineer quota; service rendered as diploma-holder cannot be substituted for service rendered as degree-holder.

Court Disposition

Appeals allowed; impugned High Court judgment set aside.

Orders

  • Division Bench of High Court to decide writ petitions in accordance with law laid down herein.
  • Transferred Cases to be sent back to High Court for decision in accordance with law.