G. RAGHAVAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) SAME issues arise for consideration in these Original Petitions.So,I consider it advantageous to dispose of them by a common judgment.As agreed to by counsel appearing on either side,O.P.2172/1989 is treated as the main petition.Parties and documents as they are arrayed and marked in that Original Petition are referred to as such in this judgment.

(2.) HARBOUR Engineering Branch of Ports Department became an independent department as Harbour Engineering Department in 1982.The Special Rules applicable to the Harbour Engineering Branch of the Kerala Port Service are applicable to the various services in the Harbour Engineering,Department.Under the said Rule,one of the methods of appointment to the post of Assistant Executive Engineer is by transfer from the category of Assistant Engineers of the Harbour Engineering Branch of the Kerala Port Subordinate Service.The qualifications prescribed in respect of the post of Assistant Executive Engineer by transfer from Assistant Engineer are(i)B.Sc.Degree in Engineering(Civil)of a recognised University of India;or(ii)Associate Membership Diploma of the Institution of Engineers(India)in Civil Engineering.It is also provided that an Assistant Engineer with Degree qualification should have worked for not less than three years as an Assistant Engineer.Assistant Engineers with Diploma in Civil Engineering are also entitled to be posted as Assistant Executive Engineers by transfer,provided they have a minimum period of seven years service,out of which five years shall be as Assistant Engineer.A ratio of 3:1 of the total posts of Assistant Executive Engineers shall be applied between Graduates and Diploma holders in the matter of appointment of Assistant Executive Engineers.

(3.) A detailed counter affidavit has been filed on behalf of the State.A Section Officer of the Fisheries and Ports Department of the Secretariat has sworn to the same.The contention taken therein are to the following effect:As per the Special Rules of the Kerala Port Service(Harbour Engineering Branch ),the appointment to the category of Assistant Executive Engineer shall be made from Assistant Engineers under Group A and B.Group A consist of Graduates and Group B Diploma holders A ratio of 3:1 of the total posts of Assistant Executive Engineer shall be applied between candidates possessing the qualification under Group A and candidates possessing the qualification under Group B in the matter of appointment to that cadre.On acquiring B.Tech.Degree,petitioner informed the Chief Engineer that the same may be entered in the seniority list and promotion be given on due date considering him as the seniormost Graduate Assistant Engineer.There are two groups of Assistant Engineers to be considered for appointment to the post of Assistant Executive Engineer.Since petitioner acquired qualification prescribed under Group A not at the time of entering the service but on a later date after joining the department,he has to choose a date for admission to Group A either on the date of acquisition of degree qualification or on a later date if he desires to do so.He has not given his option till date.But applying ratio 3:1 between Degree holders and Diploma holders,vacancy had to be filled up from category of Group A.The seniormost Assistant Engineers under Group A are respondents 3 and 4.Petitioner is not eligible for promotion and appointment as Assistant Executive Engineer for the vacancy that arose,which is to be filled from Group A.Petitioner did not enter into the list of Group A Assistant Engineers by exercising his willingness and is not the seniormost Assistant Engineer in Group A.The minimum experience prescribed for persons in Group A is three years service for promotion as Assistant Executive Engineer.So,the experience mentioned here implies that the officer after obtaining Degree qualification must possess the minimum experience to become eligible for promotion.His acquisition of the Degree qualification cannot be considered as sufficient reason to become eligible for promotion as Assistant Executive Engineer in Group A.Respondents 3 and 4 were recruited through Public Service Commission as Assistant Engineers under Graduate quota.Acquisition of additional qualification does not confer on the petitioner any claim over the seniority of candidates recruited by the Public Service.Commission.Petitioner did not enter the list of Group A Assistant Engineers by exercising his willingness.Petitioner has either to remain category B or opt for category A as junior to the persons in that group who have acquired their rank in the gradation list prior to the date of acquisition of qualification by the petitioner.On these basis,it was contended that petitioner is not entitled to any of the reliefs asked for.