CHANDAN BANERJEE Vs. KRISHNA PROSAD GHOSH

JUDGEMENT

(1.) The appeal arises from a judgment of the Division Bench of the High Court of Calcutta dated 25 January 2019. The Division Bench upheld a circular dated 3 July 2012 of the Kolkata Municipal Corporation("KMC") which prescribed separate conditions for diploma and degree holder Sub-Assistant Engineers("SAE") for supernumerary appointments as Assistant Engineers("AE"). The gradation list dated 5 July 2012 prepared in pursuance of the impugned circular has also been upheld.

(2.) The appellants, who are SAEs possessing a diploma in engineering, instituted a writ petition before the High Court challenging the circular dated 3 July 2012 and gradation list on the ground that classification within the same cadre of SAE for the purpose of appointment to supernumerary posts violates Articles 14 and 16 of the Constitution of India. By a judgment dated 6 October 2015, the Single Judge of the High Court allowed the writ petition and held the circular to be arbitrary and unconstitutional. In a Letters Patent Appeal, the Division Bench, reversed the decision of the Single Judge and held that classification made on the basis of educational qualifications for supernumerary appointments to the higher post of Assistant Engineer, is valid.

(3.) KMC, the twentieth respondent, has two distinct service cadres in the Engineering Department : (i) Subordinate Engineering Service and (ii) Engineering Service. The entry post in the Subordinate Engineering Service is a Sub-ordinate Assistant Engineer (SAE), for which the minimum qualification is a diploma in engineering in civil/mechanical/electrical branches. Although the minimum requirement is that of a diploma, a person holding a degree in engineering is also eligible to participate in the selection process. The selection process involves a written examination, followed by an interview conducted by the Municipal Service Commission. Pursuant to this, a merit list is prepared. The cadre of Subordinate Engineering Service comprises of persons holding a diploma or degree in engineering, many of the degree holders having acquired the qualification after appointment. The first promotion from the post of SAE is as an Assistant Engineer (AE), after which an SAE can aspire for successive promotions, right up to the post of Chief Engineer. The AE is the entry level post in the Engineering Service cadre, for which direct recruitment is conducted from persons holding an engineering degree. Thus, the post of AE may be filled through direct recruitment or through promotion of SAEs.