MANMADHAN Vs. KSEB

JUDGEMENT

(1.) THESE original petitions are referred for consideration of a Larger Bench under reference order dt. 25.10.1995. According to the Bench which referred these matters, following points arise for consideration: "(A) Whether the decision in O.P. 5002/88 requires reconsideration? (B) In the absence of a regulatory rule regarding promotion of Diploma holders acquiring degree, how their seniority is to be worked out; and whether their seniority while holding Diploma should be reckoned for the purpose of promotion in the category of Degree holders, in view of the decision of the Division Bench in W. A. No. 106/80. (C) Should there be two separate seniority list, one for degree holders and the other for diploma holders, or there shall only be a single seniority list as held in O.P. No. 2172/89 dt 30.9.91."

(2.) THE sole petitioner in O.P. 15008/93 and the two petitioners in O.P. 1392/95 were Assistant Executive Engineers in the service of Kerala State Electricity Board, (hereinafter referred to as 'the Board') at the time of filing the original petitions. THEy challenge the action taken by the Board in not granting them promotion in the degree quota on the basis of their entire period of service in the category of Asst. Engineer. THEy also seek as a consequential relief earlier promotion to the higher post.

(3.) IN the meanwhile, a Bench of this Court had occasion to consider in O.P. 5002/88, the validity of the amendment brought to the Kerala Engineering Service (General Branch) under G.O. (P) No. 79/82 dt. 8.6.1982 restricting the scope of appointment of those Diploma holders - Asst. Engineers who acquired Degree while in service for promotion as Asst. Executive Engineer by providing that they shall be eligible for promotion against the Degree quota only after the claims of all those who, on the date of passing the Degree, possess the Degree qualification. Under judgment dated 19.2.1990, the Division Bench declared the above provision which had the effect that seniority in the Degree quota can be counted only from the date on which Diploma holder acquired Degree qualification, as illegal. It was directed that a Diploma holder, when he acquires Degree qualification, has to be considered for appointment to the category of Asst. Exe. Engineer taking into consideration his entire service in the category of Asst. Engineer for the purpose of his seniority in the feeder category. Special Leave Petition, SLP (Civil) No. 15472/90 filed before the Supreme Court against the above judgment, was dismissed on 20.12.1990. Petitioner, therefore, made a further representation, Ext. P4 dt. 29.1.199 3 before the 1st respondent requesting him to give him his due date in the category of Asst. Exe. Engineer and grant him seniority w.e.f. 22.2.1989, above the date of promotion of his juniors. This representation was rejected under Ext. P5 order dt. 14.9.1993 for the reason that a Diploma holder who acquires Degree qualification in Engineering subsequently will get promotion as Asst. Exe. Engineer in Degree quota only after the claim of graduate Asst. Engineers in the category as on the date of his acquisition of Engineering degree are concerned. Ext. P5 order was communicated to the petitioner under Ext P6 dt. 30.9.1993. Petitioner obtained an order for impleading the 3rd respondent in a representative capacity on behalf of all affected persons and to give notice to such persons by public advertisement in C.M.P. 27178/93. Notice was thus served by publication in newspaper. IN O.P. 1392/95, as mentioned earlier, there are two petitioners. They were first appointed under the service of the Board as I Grade Overseers on 4.7.1964 and they were promoted as Junior Engineers (later redesignated as Asst. Engineer) w.e.f. 24.4.1965. During the relevant time, they are Diploma holders. While holding the post of Asst. Engineer, 1st petitioner obtained Degree in Engineering in June 1979 and 2nd petitioner in June 1978. 1st petitioner was promoted as Asst. Exe. Engineer in Degree quota by order dated 21.3.1990 and the 2nd petitioner by order dt. 13.2.1990. They were considered for such promotion in the Degree quota only with effect from the date of their promotion as Asst. Engineer. Later, it was found that 1st petitioner was eligible for promotion in the category of Asst. Exe. Engineer in the Diploma quota on 5.9.1989 and the 2nd petitioner on 13.2.1990. Their promotion was thus changed into diploma quota with effect from the above dates.