MANOJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) IN these two proceedings under Article 226 of the Constitution, a common order of the Central Administrative Tribunal (CAT) dated 26.09.2013 in O.A. No. 2898/2012 and O.A. No.3000/2012 have been challenged. In both these proceedings, the petitioner's non -inclusion for promotion to the post of Additional Director General in the Central Engineering Service for the vacancy years 2011 -12 and 2012 -13 have been challenged. Additionally, the petitioner had challenged the Central Engineering Service (Roads) Group A Rules, 2003 (hereafter called "the 2003 Rules ") as inconsistent and arbitrary.

(2.) THE petitioner was appointed as Assistant Executive Engineer (Roads Wings), after he qualified in the Central Engineering Service (CES) entrance examination 1980, on 31.05.1982. The CES was governed by the rules which were replaced in 1995 and subsequently amended on 31.03.1997. The petitioner was promoted as Superintending Engineer on 11.06.1997; the contesting respondent, Sh. S.N. Das was promoted to the grade of Superintending Engineer in the Mechanical Wing on 16.08.2002. It is not in dispute that, subsequently, on 06.10.2008, Sh. S.N. Das was promoted as Chief Engineer; the petitioner was promoted as Chief Engineer, on the other hand, on 15.07.2009.

(3.) THE relevant portion of Schedule -II, which is relevant for determining the eligibility conditions for promotion to the post of Additional Director General and Director General respectively provided as follows: