Back
DIPANKAR DATTA, MANMOHAN
Sajithabai – Appellant
Versus
Kerala Water Authority – Respondent
JUDGMENT :
MANMOHAN, J.
1. Present Appeals have been filed challenging the common impugned judgment and final order dated 18th March, 2024 passed by the High Court of Kerala at Ernakulam in W.A. No. 2213 of 2023, W.A. No. 2206 of 2023 and W.A. No. 66 of 2024, whereby the Division Bench of the High Court dismissed the writ appeals filed by the Appellants herein and affirmed the judgment and order passed by the learned Single Judge allowing the writ petition filed by the private Respondents [original writ petitioners in WP (C) 5277/2023].
ARGUMENTS ON BEHALF OF APPELLANTS
2. Mr. Nikhil Goel, learned senior counsel for the Appellants stated that the present appeals have been filed on behalf of six employees of the Kerala Water Authority who were inducted as Draftsmen-Grade-I. He pointed out that four of these Appellants had joined on various dates in the year 2005, while one had joined in the year 2001 and the sixth Appellant had joined on 13th February, 2014. He stated that the present set of Appellants were promoted to the post of Assistant Engineers on various dates between 2015- 16, except the sixth Appellant, who was promoted on 22nd September, 2018.
3. He stated that the two private
(1) Promotion – Once a person joins as an Assistant Engineer, i.e. feeder post under a separate service governed by Special Rules, 1960, then that person irrespective of how he/she has been appointed....
The main legal point established in the judgment is that the requisition for promotion to the post of Assistant Engineer (Civil) was sent in compliance with the statutory rules, and the Rules, 1968 p....
The main legal principle established is that the appointment method and eligibility criteria as per the existing rules at the time of notification should be adhered to, and vacancies should be filled....
Point of Law : Public orders made by public authorities are meant to have public effect and are intended to effect actings and conduct of those to whom they are addressed and must be construed object....
Promotion – In absence of any statutory provision or rule made thereunder or under proviso appended to Article 309 of Constitution of India, once an incumbent is appointed to post according to rules,....
The amendment affecting chances of promotion for employees does not necessarily constitute a change in the conditions of service, and the State has the power to unilaterally amend service rules.
The court ruled that appointment as Junior Engineer (Degree Holders) requires obtaining the degree after appointment as Diploma Holders, and revocation was justified.
Seniority in service must be calculated from the date of actual promotion, not from earlier service; prior service only counts for eligibility, not seniority.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
