SHAHID AHMED KHAN Vs. THE STATE OF M.P.

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India challenges the order dated 30.09.2013 (Annexure-P/1) whereby the petitioner's option to count his seniority as Degree Holder Engineer was disallowed by the respondents.

(2.) Briefly stated, the facts are that petitioner was appointed as a Diploma Holder Engineer (Civil) on 29.11.1983. The 20% post of Assistant Engineers are filled up by promotion from the Diploma Holder Sub- Engineers who have obtained degree of engineering. The petitioner obtained part-time BE degree in the year 1993 after obtaining permission from the department. He also passed ME in the year 1998 with distinction.

(3.) The petitioner was on deputation to MP Rural Road Development Authority (MPRRDA) for five years i.e. between 16.01.2007 (Annexure- P/4) to 03.11.2011 (Annexure-P/5). The petitioner was repatriated/relieved on 13.01.2014. In obedience of judgment of Supreme Court, the JDA by circular dated 23.07.2005 decided to divide the seniority list amongst diploma and degree holder engineers. For this purpose, the respondent No.2 issued a letter dated 09.08.2007 (Annexure-P/7) directing the Sub-engineers to submit their options to show their willingness to join either of the groups, namely, diploma or degree holder.