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2004 Supreme(SC) 179

S. H. KAPADIA, S. B. SINHA
Chandravathi P. K. – Appellant
Versus
C. K. Saji – Respondent


JUDGMENT

S.B. Sinha, J.-These appeals involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

BACKGROUND FACT :

2. For the said purpose, however, we would note the fact of each matter separately.

Civil Appeal Nos. 884 of 2002 :

3. The private parties, at all material times were and still are working with the Kerala Water Authority. The appellants herein are degree-holders whereas the private respondents herein are diploma-holders. The said respondents acquired the qualification of AMIE Part-A and Part-B which is said to be equivalent to the degree while they were in service.

4. For the purpose of grant of promotion as also other conditions of service governing the service of offices, the Authority had adopted the Kerala Public Health Engineering Service Rules (Rules). It is not in dispute that there exist three categories of posts in the engineering branch, namely, Assistant Engineer, Assistant Executive Engineer and Executive Engineer.

5. Rule 4 of the said Rules reads as under:

"4. Promotion as Executive and Assistant Engineers:

(a) A person who obtains Degree in Engineering or A.M.I.E. (India) Dip















































































































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