Directly recruited degree holders in a service have seniority rights over diploma holders promoted as Assistant Engineers, maintaining distinctions in qualification for promotions under statutory rules.

Headnote:(A) Kerala Public Health Engineering Subordinate Service Special Rules - Direct recruitment and promotion ratios are specified for Assistant Engineers; issues arise on seniority and qualification distinctions between direct recruits and promoted candidates - The post of Junior Engineer was re-designated as Assistant Engineer, and the distinction between those appointed through direct recruitment and through diploma quotas was reaffirmed. (Paras 26, 32)

(B) Seniority - The court noted that degree holders and diploma holders are treated as distinct categories for promotions and that a person promoted under the diploma quota cannot switch to the degree quota for promotions. (Paras 26, 31)

Facts of the case:
Writ appeals arose from challenges to the seniority lists favoring respondents who were promoted as Assistant Engineers from lower positions despite possessing degree qualifications, conflicting with the petitioners’ claims as directly recruited degree holders.

Findings of Court:
The court dismissed the writ appeals, affirming the learned single Judge’s decision that upheld the distinction between diploma and degree holders in the context of seniority and promotions within the service.

Issues: The main issues included the legality of the seniority list placements and the eligibility of certain respondents to switch from the diploma to the degree quota for promotions.

Ratio Decidendi: The court's reasoning emphasized that statutory rules prohibit an Assistant Engineer promoted from the diploma category from opting into the degree category for seniority and promotion, maintaining the integrity of the service structure and existing rules.

Result: Writ appeals dismissed.

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 to3, 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. For a proper understanding of the issues involved, the provisions of the Rules are extracted below. It is pertinent to note here that the parties have agreed that the post of Junior Engineer was later redesignated as Assistant Engineer and the post of Assistant Engineer as Assistant Executive Engineer by Government Order dated 5.12.1978, which is not reflected by amendments in the Special Rules.

5.The parties and documents are being referred to in this judgment as arrayed in W.P.(C) No.5277/2023, unless otherwise specified.

6.The Special Rules for Kerala Public Health Engineering Subordinate Service was issued on 14.10.1966, 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	Category	Position
Rule 1	Category I	Junior Engineer / Minor Irrigation Supervisor
Rule 1	Category IV	Draftsman / Water Works Inspector / Drainage Inspector / Overseer Grade I

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

Category	Method of appointment
(1)	(2)
Junior Engineer/Minor Irrigation Supervisor	Direct recruitment. and Promotion from category 4. Note:- (i) Direct recruitment and appointment by promotion shall be made in the ratio of 6:4. Diploma holders and Certificate holders shall be promoted in the ratio 3:1. (ii) The above ratio shall be applied to the total cadre strength of Junior Engineers in the Department.

7. 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. “

8.The qualification laid down for the 6% quota earmarked for direct recruitment of in-service candidates is also a degree. 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.

The schedule referred to in Rule 6 reads as under:

SCHEDULE

(Referred to in Rule 6)

Category	Method of appointment	Qualification
Junior Engineer/ Minor Irrigation Supervisor	Direct recruitment	Must possess any of the degrees of Diplomas specified in item (i) on in Section A in item (ii) of the Annexure.
	Promotion	(a) Must possess any of the diplomas specified in Section B item (ii) of the Annexure and must have rende

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2024 Supreme(Online)(Ker) 62938

Directly recruited degree holders in a service have seniority rights over diploma holders promoted as Assistant Engineers, maintaining distinctions in qualification for promotions under statutory rules.

Cases Referred (4)