Can I get a promotion for having BTech degree which was completed prior to joining,in the post of JE

Hello Sir, I have been working as a Junior Engineer in a State Govt. Deptt. I did my diploma in engineering which was completed in 2012(June) and subsequently enrolled in a B.Tech degree course as a lateral entry in 2012(July) and completed in the year 2015.
Our advt. for the post of JE was published on December,2013. At that time I was doing my B. Tech. But the whole process from recruitment to giving the final result took 4 long years. We were given appointment on December, 2017. In the mean time I have completed my B. Tech.
After doing job for 3 years in around October, 2020 I registered a case in the High Court claiming promotion as Asstt. Engineer on grounds of having higher qualification. But the case is still pending in the high court and now it has been referred to the division bench for further hearing.

There is a point in the service rule against which we are claiming upgradation:-
11.(5). Promotion as Assistant Engineer: Notwithstanding anything contained herein before in this rule, subject to suitability, a Subordinate Engineer Grade I(Junior Engineer), of the Assam Subordinate Engineering (Irrigation Department) Service, on his acquiring the academic qualification, as prescribed for a direct recruit Assistant Engineer shall be promoted as Assistant Engineer, in consultation with the Commission, as provided in Rule 14, against the next available vacancy in the cadre and such promotion shall be treated as direct recruitment to the cade of Assistant Engineer for the purpose of these rules.

Now, the argument in the court is going on regarding the word acquiring.

In the last order there was point mentioned as :-
The point of determination referred to for consideration of the Division Bench is as follows: “Whether the use of word “acquiring” as provided in Rule 11(5) of the Assam Engineering (Irrigation Department) Service Rules, 1978 would exclude those Junior Engineers who had acquired Graduate Degree in Engineering prior to joining service as Junior Engineer in the Irrigation Department?”

So, can anyone suggest any points so that we can incorporate in this case in the future course of hearing and hope for some positive outcome.

Asked 12 months ago in Labour

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

Ask a question

4 Answers

n connection with the principles of interpretation of statutes, it is too well settled that where there is no ambiguity in the words, literal meaning has to be applied. In this regard, we may refer to a recent judgment of the Full Bench of the Supreme Court of India in the case of National Highways Authority of India v. Pandarinathan Govindarajulu & Anr., (2021) 6 SCC 693: AIR 2021 SC Page No.# 9/13 560: 2021 STPL 35 SC. Para 9 thereof as appearing in STPL is quoted below:

"9. It has been repeatedly held by this Court that where there is no ambiguity in the words, literal meaning has to be applied, which is the golden rule of interpretation. The words of a statute must prima facie be given their ordinary meaning. [Dental Council of India v. Hari Prakash, (2001) 8 SCC 61 and Harbhajan Singh v. Press Council of India, (2002) 3 SCC 722]."

Ajay Sethi

Advocate, Mumbai

Available Now

97279 Answers

7856 Consultations

Talk to Advocate Ajay Sethi NOW!

No doubt you were recruited on the basis of the advertisement made in the year 2013 to the post wherein the requisite qualification for the post was as stipulated therein.

However on the basis of the prescribed rule,. Rule 11(5) of the Assam Engineering (Irrigation Department) service rules, 1978, subject to the suitability, a Sub ordinate engineer, acquiring the academic qualification as prescribed for a direct recruit Assistant engineer, shall be promoted as provided under rule 14.

Therefore the word 'acquiring' here refers to the qualification you have already acquired for the promotion and there cannot be any ambiguous meaning inferred by it.

You may pursue the case before high court in the manner what you have been conducting and if necessary you can discuss with your advocate on all such suggestions periodically

T Kalaiselvan

Advocate, Vellore

Available Now

87480 Answers

2348 Consultations

Talk to Advocate T Kalaiselvan NOW!

Dear client,

It is imperative that you highlight the equal opportunity and non-discrimination principles outlined in Article 16 of the Indian Constitution in the context of your case. Rule 11(5)'s wide interpretation of the term "acquiring" should include people who earned doctorate degrees prior to enlisting in the military. It is possible to bring up the constitutional requirement for equal treatment, highlighting the fact that it is against the spirit of meritocracy and equal opportunity to exclude people based only on when they obtained their degree. Furthermore, Section 14 of the Limitation Act may be used to argue that the length of time between the advertisement and appointment should not disfavor candidates with advanced qualifications and that the recruiting process's delay was due to circumstances beyond of your control. You could make a stronger case by citing pertinent case laws that read identical terms generously and in favor of employees who want to promote based on better qualifications.

Hope this helps you.