K.K. Usha, J.

These original petitions are referred for consideration of a Larger Bench under reference order dt. 25.10.1995. According to the Bench which referred these matters, following points arise for consideration:

"(a) whether the decision in O.P.5002/88 requires reconsideration?

(B) In the absence of a regulatory rule regarding promotion of Diploma holders acquiring degree, how their seniority is to be worked out; and whether their seniority while holding Diploma should be reckoned for the purpose of promotion in the category of Degree holders, in view of the decision of the Division Bench in W. A. No. 106/80.

(C) Should there be two separate seniority list, one for degree holders and the other for diploma holders, or there shall only be a single seniority list as held in O.P. No. 2172/ 89 dt 30.9.91."

2. The sole petitioner in O.P. 15008/93 and the two petitioners in O.P. 1392/95 were Assistant Executive Engineers in the service of Kerala State Electricity Board,

(hereinafter referred to as 'the board) at the time of filing the original petitions. They challenge the action taken by the Board in not granting them promotion in the degree quota on the basis of their entire period of service in the category of Asst. Engineer. They also seek as a consequential relief earlier promotion to the higher post.

3. Petitioners are governed by the Special Rules for Kerala Engineering Service (General branch) as adopted by the Board. The above Rules would provide that the post of Asst. Exe. Engineers shall be filled up by recruitment by transfer from Asst. Engineers and the post of Exe. Engineers by promotion from Asst. Exe. Engineers. The qualifications prescribed to hold the post of Asst. Exe. Engineers and Exe. Engineers are as follows:

"Asst. Exe. Engineers Must possess any degree or diploma mentioned in item(i) or (ii) in the Annexure.

OR

Must possess Draftsman's certificate of the College of Engineering, Guindy (2 years course) or S.M T. Overseers Certificate and must have put in a total service of 25 years in the department out of which 121/2 years must be as Assistant Engineer.

Exet. Engineers Must possess any degree or diploma mentioned in item (i) or in Section-A under item (ii) in the Annexure".

Item (i) in Section-A of the Annexure is a Degree in Engineering. Item (ii) is Diploma in Engineering. R.5 deals with promotion as Executive and Assistant' Executive Engineers. It reads as follows:

"5. Promotion as Executive and Asst. Exe. Engineers :

(a) A person who obtains the A.M.I.E. (India) Diploma or a pass in Section A & B of the A.M.I.E. of the Institution of Engineers (India) in Civil or Mechanical Engineering after appointment as Asst. Exe. Engineer shall be eligible for promotion as Exe. Engineer as only after the claims of all Asst. Exe. Engineers who, on the date of his obtaining the A.M.I.E. (India) Diploma or a pass in Section a & b of the A. M.I. E. of the Institution of Engineering (India) in Civil or Mechanical Engineering, possessed the qualification mentioned in item (i) and Section A in item (ii) in the Annexure have been considered.

(b) Vacancies in the category of Asst. Exe. Engineers shall be filled up from among Asst. Engineers in the ratio of 75:20:5 respectively from among

(1) Persons possessing any of the qualifications mentioned in item (i) or in Section A in item (ii) of the Annexure.

(2) Those possessing any of the qualifications mentioned in Section B in item (ii) of the Annexure, and

(3) Those possessing the Draftsman Certificate of the College of Engineering, Guindy or S.M.T. Overseer's Certificate.

A person, who, while holding the post of Assistant Engineer passes Sections A & B of the A.M.I.E. (India) Examination or a Degree in Engineering of a recognised University shall be eligible for promotion as Assistant Executive Engineer against the quota allotted for those possessing the qualifications mentioned in item (i) or Section A in item (ii) of the Annexure only after the claims of all those who on