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2000 (4) TMI 819 - SC - Indian Laws

Issues: Eligibility criteria for promotion to the post of Superintending Engineer based on educational qualifications and service requirements.

The judgment dealt with the eligibility of a respondent for promotion to the post of Superintending Engineer in the Public Health Engineering Department of Manipur. The respondent had a Diploma recognized as equivalent to a Bachelor's Degree in Engineering by the Central Government. The Rules required a Degree in Civil/Mechanical Engineering or its equivalent with 6 years of regular service for promotion to the post. The respondent applied for promotion in 1991 after completing 12 years of service, but only a little over 2 years were after obtaining the Diploma. The main issue was the interpretation of the eligibility criteria, specifically the requirement of educational qualifications and service experience. The Court analyzed the word "with" in the criteria, emphasizing that it necessitates both the educational qualification and the specified service duration. The judgment referred to precedents to support the interpretation that the service requirement should not be limited to the period after acquiring the educational qualification. The Court dismissed the appeal, upholding the decision that the respondent was eligible for promotion based on the combined educational qualifications and service experience, without any additional costs.

 

 

 

 

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