JUDGMENT :

The question raised in this writ petition is whether the party respondents who got promotion to the category of Assistant Engineers in the Diploma holders quota are entitled to come to the stream of Assistant Engineers who entered into service in the Degree quota for further promotion. The answer to the above question would determine whether Ext.P12 Final Seniority List, to the extent it includes the Diploma holders, is legal and valid.

2. As common issues are involved, both these writ petitions are taken up and disposed of by a common judgment. The parties and exhibits shall be as described in W.P.(C) No. 5277/2023.

3. Before adverting to the contentions advanced by both sides, it would be apposite to refer to the provisions of the Kerala Public Health Engineering Subordinate Service Special Rules, 1966, and the Kerala Public Health Engineering Service Special Rules, 1960, which stipulates the service conditions of employees in the Subordinate Service as well as the Service Conditions of Senior Officers respectively.

3.1. The Special Rules for Kerala Public Health Engineering Subordinate Service was issued on 01.11.1966, and it provides that the service shall consist of about 43 categories of officers. The relevant categories for the purpose of this case are as under:

Rule 1 Category I - Junior Engineer/Minor Irrigation Supervisor

Rule 1 Category IV - Draftsman/Water Works Inspector/Drainage Inspector/ Overseer Grade I

3.2. Rule 2 deals with the appointment to the various categories. The relevant portion reads thus:

The provision says that the appointment shall be through Direct Recruitment and Promotion from category 4, and it shall be in a ratio of 6:4. The Diploma and Certificate Holders are to be promoted in a ratio of 3:1.

3.3. The Note (vii) to Rule 2 details the manner of making the appointment. The said Rule reads thus:

Note: (vii) Subject to the provisions in item (i) in making appointment to the category by direct recruitment, appointment to 54% of the post shall be made by direct recruitment of candidates from the open market and 6% by direct recruitment from among Draftsman/Water Works Inspector/Drainage Inspector/Overseer Grade I or II or Works Superintendents Grades I and II or Clerks in the Public Health Engineering Department of the Government of Kerala.

It says that while making appointments to the category of Assistant Engineer by direct recruitment, 54% of the post shall be made by direct recruitment of candidates from the open market and 6% by direct recruitment from among Draftsmen/Water Works Inspector/Drainage Inspector/Overseers Grade I and II. The qualification laid down for the 6% quota earmarked for direct recruitment of in-service candidates is also a degree.

3.4. Rule 6 deals with other qualifications. It says that no person shall be eligible for appointment to the category specified in Column No.1 of the schedule to these Rules by the method mentioned in Column No. 2 unless he possesses the qualifications prescribed in the corresponding entry in Column No.3.

3.5. The schedule referred to in Rule 6 reads as under: