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Issues Involved: Interpretation of Recruitment Rules for promotion of Assistant Engineers in the Public Works Department, Pondicherry regarding eligibility criteria for Diploma-holder Junior Engineers who obtain a Degree during service.
Summary: The dispute in the case revolved around whether Diploma-holder Junior Engineers who obtain a Degree during service are eligible for promotion as Assistant Engineers based on three years of service, including the period before obtaining the Degree. The Diploma-holders argued for inclusion of the earlier period, while Degree-holders maintained that the three years of service should be post obtaining the Degree. The Central Administrative Tribunal ruled in favor of the Diploma-holders, directing their consideration for promotion alongside other Degree-holding Junior Engineers. The Degree-holders appealed against this decision. The Supreme Court analyzed the past practice in the Department, where Diploma-holders who obtained a Degree during service had their three years of service as Degree-holders counted from the date of obtaining the Degree, excluding the earlier period as Diploma-holders. The Court considered the Recruitment Rules and observed that the three years of service required for Degree-holders for promotion must be as Degree-holders, commencing from the date of obtaining the Degree. The Court found the past practice consistent and the construction of the rules by the Degree-holders as reasonable. Consequently, the Court allowed the appeal, setting aside the Tribunal's order and directing the Department to consider promotions in line with this decision. In conclusion, the Supreme Court allowed the appeal, overturning the Tribunal's decision and upholding the practice of counting three years of service for Degree-holders from the date of obtaining the Degree, not including the earlier period as Diploma-holders. The Department was instructed to proceed with promotions accordingly.
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