THE ALLAHABAD High Court has quashed about 73 promotions of degree holder junior engineers (JEs) on the post of Assistant Engineers in the Public Works Department (PWD).
A Division Bench comprising Justice VM Sahai and Justice Sabhajeet Yadav has held that out of these promotions, some promotions were made in a separate quota for promotion, earlier existing in favour of degree holder junior engineers.
The rules regarding separate quota of promotion for degree holder junior engineers contained in UP Services of Engineers (Buildings and Roads Branch Class II Rules 1936), as amended in the year 1987 and 1997, had been declared ultra vires to the provisions of the Articles 14 and 16 of the Constitution in connection with Aruvendra Kumar Garg’s case.
Considering the impact of Aruvendra Kumar Garg’s case, the court has said that since the law pertaining to separate quota for promotion for degree holder junior engineers has already been declared ultra vires, therefore, no right and obligation arises from the aforesaid rule.