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ANU SIVARAMAN, C. PRATHEEP KUMAR
Sajithabai – Appellant
Versus
Kerala Water Authority – Respondent
JUDGMENT :
ANU SIVARAMAN, J.
1. These appeals are preferred against a common judgment dated 22.11.2023 in W.P. (C) No. 5277 of 2023 and 27817 of 2023.
2. W.P. (C) No. 5277 of 2023 was filed by directly recruited Assistant Engineers of the Kerala Water Authority challenging the assigning of seniority to the party respondents over them in the seniority list of degree holders, while W.P. (C) No. 27817 of 2023 was filed by persons appointed in the lower post and who had degree qualifications but were promoted as Assistant Engineers in the Diploma holders quota. The learned single Judge allowed W.P. (C) No. 5277 of 2023 and dismissed W.P. (C) No. 27817 of 2023.
3. W.A. No. 2213 of 2023 is filed by respondent Nos. 5 and 7 to 9 in W.P. (C) No. 5277 of 2023. Respondents herein are the petitioners and respondent Nos.1 to 4,6,10 and 11 in the said writ petition. W.A. No. 66 of 2024 is filed by respondents 4 to 10 in W.P. (C) No. 5277 of 2023. Respondents are the petitioners and respondent No. 1 to 3, 5 to 9 in the said writ petition respectively. W.A. No. 2206 of 2023 is filed by the petitioner in W.P. (C) No. 27817 of 2023 and respondents herein are the respondents in the said writ petition.
4.
The main legal point established in the judgment is that individuals appointed under the diploma quota cannot switch to the degree quota for further promotion, as determined by the interpretation of ....
(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....
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....
Seniority - Incumbents from different streams with different quotas cannot challenge grant of seniority from back date to each other.
The court emphasized the significance of considering the service in the supernumerary post as part of the sanctioned strength of the post of AE(C) and highlighted the principles of seniority calculat....
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....
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