Sajithabai vs Kerala Water Authority

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Ker) 846

RAJA VIJAYARAGHAVAN V.
Sajithabai – Appellant
Versus
Kerala Water Authority – Respondent

Advocates:
Advocate Appeared:
For the Appellant : P.C.SASIDHARAN, ELVIN PETER P.J., K.R.GANESH, GOURI BALAGOPAL, ABHIJITH.K.ANIRUDHAN, SREELEKSHMI A.S.
For the Respondent: P.M.JOHNY, ELVIN PETER P.J., K.R.GANESH(K/000551/1991), GOURI BALAGOPAL(K/002008/2019), ABHIJITH.K.ANIRUDHAN(K/1644/2020), SREELEKSHMI A.S.(K/1313/2021)

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 Engin