Kerala Public Health Engineering Service Special Rules, 1960 – r.4(b) – Kerala Public Health Engineering Subordinate Service Rules, 1966 – Promotion – Option to migrate to either the degree or diploma quota – Appellants inducted as Draftsman, promoted to the post of Assistant Engineer on basis of seniority in the Diploma quota under the 1966 Rules prior to the declaration of direct recruitment result in which they also participated – Meanwhile, the respondents directly recruited to the post of Assistant Engineer in the 6% degree quota – Appellant at the stage of entering the service never had the opportunity to opt or choose for the diploma or degree quota – In the seniority list, appellants shown to be senior to the respondents – Appellants then sought promotion to the post of Assistant Executive Engineer – Writ petition by the respondents – Single Judge allowed the same holding that directly recruited Assistant Engineers from the open market and those promoted through the Departmental Quota are considered under separate watertight categories; and that the appellants chose promotion under the Diploma quota and are thus ineligible for further promotion to Assistant Executive Engineer under the Degree quota, as per the governing rules – Division Bench upheld the same – Correctness: Held: 1966 Rules and 1960 Rules are separate and distinct rules that govern two separate services comprising different categories of officers – Once a person joins as an Assistant Engineer, the feeder post under a separate service governed by 1960 Rules, then that person irrespective of how he/she has been appointed to that post, has the option to migrate to either the degree or diploma quota, provided he/she has obtained a degree or a diploma – Intent and purpose behind r.4(b) is to give an option to an Assistant Engineer to join either the diploma or the degree quota, as promotion to the next higher post – Special Rules, 1960 deal with a separate service, its r.4(b) has no applicability to a stage prior to an officer becoming an Assistant Engineer – Interpretation by the respondents that r.4(b) and its proviso give an option/choice to choose a diploma or degree stream to only those who while holding the post of Assistant Engineer acquire a degree qualification is erroneous – Proviso which gives the option to such officers to choose the diploma or degree quota means and refers to all the officers holding the post of Assistant Engineer – Impugned judgments passed by the Single Judge and the Division Bench of the High Court set aside. [Paras 16-26, 32]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.