MA No. 3256/2017
Joining together Application is allowed.
OA No. 3077/2017
Heard. Issue notice in OA and interim relief as well to the respondents. Shri P.K. Singh appearing as proxy counsel for Shri Rajeev Kumar accepts notice on behalf of respondents. Counter be filed within six weeks. Rejoinder, if any, may be filed within two weeks thereafter.
Applicants are presently serving as Assistant Engineers (E/M). It is stated that on the basis of Recruitment Rules, they are eligible for promotion to the post of Executive Engineer against the quota prescribed for degree holders. The applicants have acquired B. Tech(Electrical/Mechanical) Engineering from IASE University as also from JRN Rajasthan Vidyapeeth University. Both the universities are deemed Universities. The applicants came to this Tribunal in OA No. 3724/2015. The said OA was disposed of vide order dated 22.11.2016 directing the respondents to accord consideration to the representations of the applicants and decide the same by passing a reasoned and speaking order. The impugned order has been passed rejecting the contention of the applicants and holding them ineligible for promotion to the post of Executive Engineer as the degrees, acquired by them, are said to be not valid. A similar controversy was considered by this Tribunal vide order dated 16.04.2010 in OA No. 3741/2009. The said case also pertains to the adhoc/look after charge for the post of Executive Engineer. In this case referring to the information obtained under Right to Information Act, 2005 from the Ministry of Human Resource and Development, it was noticed that the degrees/diplomas awarded by IASE, Sardarshahr, Churu, Rajasthan are recognized for the purpose of employment under the Central Government. A similar opinion was held by this Tribunal in judgment dated 17.07.2017 passed in OA No. 3566/2015 which pertains to recognition of B. Tech degree issued by the JRN Rajasthan Vidyapeeth University.
List on 20.12.2017. In the meantime, it is directed that as and when DPC is held for promotion to the post of Executive Engineer(E/M), the applicants shall also be considered by the DPC. However, their consideration be kept in sealed cover till further orders.
Order dasti.