Back
2024 Supreme(Online)(KER) 1914
HIGH COURT OF KERALA
ANU SIVARAMAN, C. PRATHEEP KUMAR, JJ
SAJITHABAI – Appellant
Versus
THE KERALA WATER AUTHORITY – Respondent
WA NO.2206 OF 2023|WA NO.2213 OF 2023|WA NO.66 OF 2024|WP(C) NO.5277 OF 2023|WP(C) NO.27817 OF 2023
For the Appellants/Petitioners: P.C.SASIDHARAN
For the Respondents: P.M.JOHNY, ELVIN PETER, P.J.K.R.GANESH(K/000551/1991), GOURI BALAGOPAL(K/002008/2019), SREELEKSHMI A.S.(K/1313/2021), M.U.VIJAYALAKSHMI, K.JAJU BABU (SR.), BRIJESH MOHAN
Directly recruited degree-holding Assistant Engineers cannot claim seniority over diploma holders promoted under separate service rules, as qualifications at appointment determine promotion rights.
Headnote:(A) Kerala Public Health Engineering Subordinate Service - Special Rules - Promotions and seniority for Assistant Engineers - Direct recruits with degree qualifications challenged the seniority of diploma holders promoted as Assistant Engineers; court found separate categories for degree and diploma holders - (Paras 2, 26)
(B) Service Rules enforced that condition of appointment for seniority determination must align with qualifications held at the time of promotion - A person can only change their quota upon acquiring new qualifications while adhering to statutory rules - (Paras 26, 31)
(C) Seniority lists published based on qualifications are valid and must reflect original recruitment paths and criteria established in service rules - (Paras 22, 30)
Facts of the case:
The appellants, degree-holding Assistant Engineers, disputed the seniority list that included promoted diploma holders, arguing their rights were overlooked based on their qualifications when appointed. The single judge initially ruled in favor of the degree holders.
Findings of Court:
The degree holders are entitled to their seniority based on qualification from the time of appointment, as separate categories exist for diplomas and degrees, and diploma holders cannot switch to degree category for promotion purposes.
Issues: Main issues centered around the legality of the seniority list that favored diploma holders who were promoted, despite their degree qualifications already being possessed.
Ratio Decidendi: The court reiterated that service rules delineate clear categories for promotions; holders of different qualifications should not infringe upon one another's promotion opportunities unless statutory criteria explicitly allow for such changes in categories.
Result: Writ appeals dismissed.
| Table of Content |
|---|
| 1. nature of appeals against judgments. (Para 1 , 2 , 3) |
| 2. relevant rules governing appointments and promotions. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. conditions for promotion under special rules. (Para 11 , 12) |
| 4. status of direct recruits versus promoted candidates. (Para 13 , 14 , 20) |
| 5. challenges against the seniority list and promotion orders. (Para 18 , 19 , 21 , 22) |
| 6. court's reasoning on compliance with special rules. (Para 26 , 27 , 29 , 30) |
| 7. outcome and dismissal of writ appeals. (Para 28 , 31 , 32) |
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 1 Category I - Junior Engineer/Minor Irrigation Supervisor
Rule 1 Category IV - Draftsman / Water Works Inspector/
Drainage Inspector / Overseer Grade I Rule 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
