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| Promotion of dip engineers: third bench set aside order of writ court | | | EARLY TIMES REPORT
Jammu, Feb 27 : In rarest of the rare case where the differences of two judges regarding the promotion of Diploma Engineers and matter referred to third Bench, third Bench set-aside the judgment of writ Court and remanded back matter to Single Judge.
In two appeals filed by All India NHPC Diploma Engineers & ors against the judgment of Single Judge, the differences between two judges on the point whether diploma holder engineers can be discriminated from degree holders for the purpose of promotional avenues beyond a particular level by prescribing her qualification, the matter was referred to third Bench.
Justice Mohd Yaqoob Mir (Who appointed as third Bench) of J&K High Court in the approved for reporting judgment agreed with Justice Sunil Hali that the classification based on educational qualification alone is not permissible. Such classification is required to have nexus with the objectives of the policy while making promotion to the higher posts. Unless it is established that classification based on educational qualification has nexus with the objectives of the policy i.e. duties and responsibilities of the posts beyond level E-5 are such which requires higher qualification, diploma holder engineers or low qualified in accountancy branch cannot be discriminated and deprived of promotion to the post beyond Level E-5 and set-aside the judgment of Writ Court and case remanded back to the Single Judge for deciding the matter afresh after permitting the parties to supplement their pleadings in the light of observation made in this order. The All India NHPC Diploma Engineer & Ors challenged the promotional policy of the National Hydro Electric Power Corporation Ltd where the corporation made a new policy for the promotion of their employees and under the rules the promotional avenues to the diploma holder engineers/ other graduates have been restricted to Level E-5, which was challenged, after the judgment of the Single Judge, The All India NHPC Diploma Engineer & ors filed two LPAs in which Division Bench decent their view and matter was referred to third Bench.
Justice Mohd Yaqoob Mir after hearing Advocates Pranav Kohli and PS Chandel appearing for the appellants whereas Advocates RS Thakur & Pankaj Jamwal appeared for the respondents and Ors, had agreed with the view of one the judge of Division Bench and set-aside the judgment of the Single Judge and remanded the matter back to Single Judge. JNF
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