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As per case facts, petitioners Anil Kumar Gupta and Pardeep Kumar Jain, Junior Engineers, challenged Rules 9 and 12 of the 1966 Rules as ultra vires, contending they should be
...promoted to Sub-Divisional Engineer from the date they acquired higher qualifications (AMIE/BE) with requisite experience. Anil Kumar Gupta, regularized in 1986, obtained AMIE in 1987, claimed promotion from 1987. Pardeep Kumar Jain, absorbed in 1999 as a fresh appointee despite having a BE degree from 1991, claimed seniority over a junior. The State argued that ad hoc service doesn't count, and promotion depends on seniority-cum-merit and post availability, not just qualification acquisition date. The question arose whether mere eligibility from acquiring a higher qualification grants a right to retrospective promotion, and if Rules 9 and 12 are invalid for not providing for such promotions. Finally, the High Court rejected the challenge to the vires of Rules 9 and 12, holding that mere eligibility does not confer a right to promotion. Promotions are based on seniority-cum-merit, availability of posts, and eligibility criteria, and take effect from the date granted, not from the date of vacancy or qualification acquisition. The petitioners' claims were dismissed.
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