2007 (8) TMI 797 - HC - Indian Laws

Summary

Issues involved: Reversion of petitioners due to lack of recognized qualifications for promotion.

Summary:

Issue 1: Reversion due to lack of recognized qualifications

The petitioners were reverted to the post of LDC based on the order dated 18.11.1999, as they did not possess the required recognized qualifications at the time of promotion. This reversion was in accordance with the judgment of the Larger Bench of the court in the case of Shankar Lal Verma & 13 Ors. v. The Rajasthan State Electricity Board (1999 (1) WLC (Raj.) 1). The Larger Bench clarified that the qualification of 'Prathma' could not be considered equivalent to Secondary qualification after the withdrawal of recognition of 'Prathma' by the State Government from 1.4.1985. It was noted that if vacancies existed before 1.4.1985 and employees had obtained 'Prathma' qualification by that date, they could be eligible for promotion or appointment to such vacancies from years prior to 1.4.1985. In this case, promotions were made for the year 1995-96 when 'Prathma' qualification was not recognized by the State Government. Considering the facts and circumstances, the court found no basis for further intervention and dismissed the writ petition for lack of merit.