C.K.SAJI Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The appellant, an employee of the Water Authority who entered into service on the basis of his qualification of Diploma in Engineering, acquired a graduate qualification while in service. The fixation of his seniority and the option to be exercised for promotion, either under the diploma quota or under the graduate quota, is the issue agitated which has seen many rounds of litigation.

(2.) The learned Single Judge declined the prayer for exercise of option in the post of Assistant Executive Engineer (AEE). The claim raised by the appellant is also for promotion to the post of Executive Engineer , by virtue of his option exercised in the cadre of AEE; to be considered under the graduate stream.

(3.) Admittedly, there are two streams for promotion available in the Kerala Water Authority; the respondent herein. The promotional hierarchy in ascending order is the Assistant Engineer, the AEE and the Executive Engineer. The appellant was appointed as an Assistant Engineer by virtue of his diploma on 23.12.1986. In the year 1996, he acquired a graduate qualification. Along with many others, the appellant was before this Court seeking promotion under the graduate quota by reckoning service prior to acquisition of the graduate qualification, i.e., service as an Assistant Engineer with a diploma.