ROOP CHAND ADLAKHA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THESE four Civil Appeals by Special Leave and the Special Leave Petition arise out of and are directed against the common judgment dated 2-9-1987, of the High Court of Delhi in C.W.P. No. 2132 and C.W.P. No. 2082 of 1984 (reported in 1988 Lab IC 434) in which the principal controversy was whether the Rules prescribing different conditions of eligibility for Diploma Holders and Graduates for promotion from the cadre of Junior-Engineers to that of Assistant-Engineers and from the cadre of Assistant-Engineers to that of Executive-Engineers in the Public Works Department of the Delhi Development Authority (DDA) is violative of Arts. 14 and 16 of the Constitution, and would, therefore, require to be declared void.

(2.) THE D.D.A. which is the appellant in Civil Appeals No. 898 of 1988 and No. 899 of 1988 assails the correctness of the view taken by the High Court. Civil Appeals 896 of 1988 and 897 of 1988 are by the Graduate-Engineers who were respondents before the High Court ,and who are, similarly, aggrieved by the decision under appeal. SLP 6181 of 1986 is by the "DDA Graduate Engineers Association" which seeks to espouse the cause of the Graduate-Engineers. We grant Special Leave in SLP. All the five appeals are heard and disposed of by this common judgment.

(3.) THE principal question that arises in these appeals is whether, where, as here, recruitment to a particular cadre of posts is made, from two different sources, different conditions, based on the differences in educational qualifications, can be prescribed conditioning the eligibility for further promotion to a higher cadre in service.