LPA No. 1493 of 2011 and connected appeals 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: September 27, 2011 (1) LPA No. 1493 of 2011 (O&M) Haryana Vidyut Parsaran Nigam Limited ...Appellant Versus Sant Kumar and others ...Respondents (2) LPA No. 1494 of 2011 (O&M) Haryana Vidyut Parsaran Nigam Limited ...Appellant Versus Lal Chand Jhangra and others ...Respondents (3) LPA No. 1495 of 2011 (O&M) Haryana Vidyut Parsaran Nigam Limited ...Appellant Versus Ashok Ahlawat and others ...Respondents CORAM:- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Sandeep Singh, Advocate, for Mr. Partap Singh, Advocate, the appellant. Mr. BS Rathee, Advocate, for the respondent-Caveator. 1. To be referred to the Reporter or not ? 2. Whether the judgment should be reported in the Digest ? LPA No. 1493 of 2011 and connected appeals 2 GURDEV SINGH, J. 1. This order shall dispose of LPA Nos. 1493, 1494 and 1495 of 2011, filed under Clause X of the Letters Patent against the judgment dated 21.12.2010 passed by the learned Single Judge, allowing CWP Nos. 15110, 7955 and 10429 of 2010, filed by Sant Kumar, Lal Chand Jangra and Ashok Ahlawat and others, and the appellant—Haryana Vidyut Parsaran Nigam Limited (for brevity—'the Nigam') has been directed to treat their qualification equivalent to degree in Engineering and to consider them for promotion to the post of Assistant Engineer against the available vacancies within a period of two months of the date of receipt of the certified copy of that judgment, if they are found otherwise eligible. 2. The petitioner-respondents pleaded in the writ petitions that they had served the armed forces in the technical stream and acquired the qualification of Diploma in Engineering. They also acquired 10 years technical experience in the appropriate field. As per the Government of India, Ministry of Education and Social Welfare (Department of Education) Memo No. F-18-19/75/T-2 dated 26.5.1977 (for brevity—'the Memo'), this Diploma in Engineering in appropriate discipline plus 10 years experience in the appropriate field is to be recognized as equivalent to Degree in Engineering and is to be considered valid for the purpose of selection to Gazetted posts and services under the Central Government and the State Governments. They are working as Junior Engineer in the Nigam since the year 2004. A circular has already been issued by the Managing Director of the Nigam for recruitment to the post of Assistant Engineer. There is quota of Junior Engineer in the cadre of Assistant Engineer. As per Regulation 9 (1) (b) (ii) of the Circular issued vide office order No. 1.9.2009, they LPA No. 1493 of 2011 and connected appeals 3 submitted their certificates, which are equivalent to Degree in Engineering and on the basis of which they are eligible to be considered for promotion to the post of Assistant Engineer. Their names were not included in the list for consideration for promotion to the said post. They made request for preparing a seniority list for including their names for promotion, as per the said circular, against their quota of 12-1/2% but no action was taken. The representations made by them have also not yielded the requisite result. Therefore, they filed the writ petitions for issuance of writ in the nature of Mandamus directing the appellant-Nigam and the other respondents to accept their qualification equivalent to degree as recognized by the Government of India, to prepare the seniority list in respect of all the eligible candidates and to consider them for promotion to the post of Assistant Engineer against their quota. 3. Learned Single Judge, in view of the Memo and taking into consideration the certificates of qualification duly verified by the concerned authorities and communicated to the appellant-Nigam and the respondents, allowed the writ petitions and gave the above said directions. Aggrieved by that order the present Letters Patent Appeals have been filed. 4. Learned counsel for the appellants tried to argue that as per the Memo, the petitioner-respondents were required to possess the diploma in the appropriate discipline at the time of joining the Armed Forces and thereafter were required to have 10 years technical experience in the appropriate field before that diploma was to be recognized equivalent to degree. As per the communication received from the armed authorities, the petitioners were not having three years diploma, though they had undertaken training in the specific trade. Therefore, their Diploma in LPA No. 1493 of 2011 and connected appeals 4 Engineering cannot be treated as degree. 5. On the other hand, while supporting the order of the learned Single Judge, it has been contended by the learned counsel for the petitioner-respondents, that after joining the armed forces, they acquired the Diploma in Engineering in the appropriate discipline and after acquiring the diploma they had more than 10 years of technical experience in the appropriate field. As such, their diplomas are to be recognized equivalent to degree making them eligible for being promoted as Assistant Engineer against their prescribed quota. 6. For better appreciation of the matter, the Memo is re-produced below:- “No. F16-19/75/T-2 Ministry of Education & Social Welfare, (Department of Education Technical) New Delhi-110001 Dated: 26 May, 1977 Sub: Recognition of Technical Professional qualification. On the recommendation of the Board of Assessment for Education Qualifications and recommendation of Defence Director (Tech.), the Government of India have decided to recognize a Diploma in Engineering in appropriate discipline plus total ten years of technical experience in the appropriate fields is recognized as equivalent to degree in Engineering. It is considered valid for the purpose of selection to Gazette posts and services under the Central Government or State Government.” 7. A perusal of the Memo shows that Diploma in Engineering in the appropriate discipline is to be recognized equivalent to degree in LPA No. 1493 of 2011 and connected appeals 5 Engineering, provided that after acquiring the diploma the concerned candidate is required to acquire 10 years of technical experience in the appropriate field. It has no where been provided that the 'Diploma in Engineering' should have been possessed by the candidate at the time of entry into the service. The same could have been acquired even during the service. It is evident from the communication received from the armed authorities that all the petitioner-respondents have been awarded diploma in different disciplines. Thereafter they have also acquired 10 years technical experience in the appropriate field. The communication so received was not challenged by the appellants either before the learned Single Judge or in these appeal. Therefore, the learned Single Judge rightly observed that the diplomas so acquired by the petitioner-respondents were to be recognized as equivalent to degree in Engineering, making them eligible for promotion to the post of Assistant Engineer. 8. We do not find any legal infirmity in the order passed by the learned Single Judge and the same is hereby upheld. These appeals being devoid of merit are hereby dismissed. (M.M. KUMAR) (GURDEV SINGH ) ACTING CHIEF JUSTICE JUDGE September 27, 2011 prem