Taking Necessary Action and Modification in the existing Seniority List of Draftsman, Chief Estimator, JE, AE, EE & SE (Civil, Electric & Mech) upon Implementation of Supreme Court Judgement
Through CPWD Website
F. No. 30/24/2016-EC.I(B)(Pt.)/2
Government of India
Central Public Works Department
Nirman Bhawan, New Delhi
Dated the – 17th November, 2017
Sub: Regarding taking necessary action and modification in the existing Seniority Lists of Draftsman, Chief Estimator, JE, AE, EE & SE (Civil/Electrical/Mech).- Implementation of the judgement of Hon'ble Supreme Court in Civil Appeal Nos. 17902-17905/2017 arising out of Special Leave Petition (Civil) Nos. 35793-35796/2012 and other associated Civil Appeals Regarding
The undersigned is directed to refer to the judgment passed by Hon'ble Supreme Court of India in in Civil Appeal Nos. 17902-17905/2017 arising out of Special Leave Petition (Civil) Nos. 35793-35796/2012 and other associated Civil Appeals. The aforesaid judgement is available on the official website of Hon'ble Supreme Court of India which may be referred.
2. The Hon'ble Apex Court in their above referred judgement has directed that in so far as candidates enrolled during the academic sessions 2001-2005, all the degrees in Engineering awarded by concerned Deemed to be Universities stand suspended. As regards students who were admitted after the Academic Sessions 2001-2005, their degree in Engineering awarded by concerned Deemed to be Universities through distance education stand recalled and be treated as cancelled. All benefits secured by such candidates as a result of such degrees in Engineering in the nature of promotion or advancement in career shall also stand recalled. However, if any monetary benefit was derived by such candidates that monetary benefit or advantage will not be recovered by the concerned departments or employers.
3. For taking all consequent necessary required actions including revision of seniority list in various grades for effective implementation of the above judgement of the Apex Court, the original engineering degree obtained after 2001 including enrolment year and the university/Institute from where degree obtained needs to be re-examined in respect of the following category of all officials of CPWD working in different units/departments/organisations including CPWD:
a) Those directly recruited in Civil/Elect./Mech. stream as Junior Engineer & Assistant Executive Engineer on the basis of examination held after the year 2001 and onwards,
b) Those promoted in Civil/Elect./Mech. stream on the basis of limited departmental competitive examination to the grade of Junior Engineer & Assistant Engineer after the year 2001 and onwards.
c) Those promoted in Civil/Elect./Mech. stream on the basis of seniority as Assistant Engineer, Executive Engineer and Superintending Engineer after the year 2001 and onwards.
d) Those Draftsman/Chief Estimators/JE/AE/EE & SE whose qualification of degree has been upgraded/ changed to degree in Engineering in their service records after the year 2001 and onwards.
4. For effectively implementing the judgement of Hon'ble Supreme Court, concerned EC-VI, EC-V, EC-Ill, EC-I(B), EC-I(A) Sections in the Directorate General, CPWD are requested to take immediate necessary action including modification in the existing Seniority Lists of Chief Estimator, Junior Engineers, Assistant Engineers, Assistant Executive Engineers, Executive Engineers & Superintending Engineers in Civil/Elect/Mech Streams. In respect of grade of draftsman cadre concerned SDGs in respective regions are also requested to take necessary action. Any further action regarding ad-hoc/regular promotion in all these grades in Civil/Electrical/Mechanical streams can be taken thereafter based on revised Seniority Lists. The above exercise has to be completed by 15th December, 2017.
5. This may please be accorded TOP PRIORITY.
6. This issues with the approval of Director General, CPWD.
Deputy Director (Admn-II)
Source:-implementation of latest supreme court order