K K BHASKARAN Vs. ADMINISTRATOR ADMINISTRATOR OF DAMAN

JUDGEMENT

(1.) WHETHER it is open to the department to prescribe a certain percentage of quota between degree holders and diploma holders in the matter of promotion from the post of Junior Engineer to the Assistant Engineer is the question which is raised in the present petition at the instance of the petitioners.

(2.) THE petitioners are working as Junior Engineers in the Electrical Department of the Administration of Union Territory of Daman and Diu. The petitioners are the diploma holders in Electrical Engineering and are serving with respondent No.1 since 1983. The post of Junior Engineers comprises of diploma holders as well as degree holders. The graduate engineers are those who have attended a five year Degree Course in Engineering and obtained the qualification of Bachelor of Engineering (B.E.) whereas diploma holders are those who have attended a three year diploma course in Engineering.

(3.) INITIALLY , as per the recruitment Rules prior to 1999, the Junior Engineers were eligible for promotion to the post of Assistant Engineer, who have put in four years of service, if they are degree holders, or eight years of service, if they are diploma holders. Subsequently, the said Rules were amended in the year 1999. The said amended rules were notified on 16th July, 1999 and as per the amended Rules, for promotion to Assistant Engineers, 75 per cent be promoted from the cadre of Junior Engineers who are diploma holders having eight years regular service and 25 per cent be promoted from the cadre of Junior Engineers who are Degree holders in Electrical Engineering with five years regular service. Accordingly, by the aforesaid Rules of 1999, 75 per cent posts are reserved for promotion for diploma holders and 25 per cent for the degree holders serving as Junior Engineer in the feeder post. It is the case of the petitioners that when initially entire 100 per cent posts of Assistant Engineers were to be filled in by promotion, irrespective of whether such Junior Engineers are diploma holders or degree holders. To prescribe the ratio of 75 : 25 per cent between diploma holders and degree holders is arbitrary and discriminatory and the promotional posts should be filled in only on the basis of common seniority and there should not be any quota prescribed between degree holders and diploma holders. 25 per cent of the posts which is kept apart for the degree holders was accordingly challenged by the petitioners before the Central Administrative Tribunal, Mumbai Bench, by way of Original Application No.986 of 1999. The Administrative Tribunal came to the conclusion that the classification between the diploma holders and degree holders is reasonable and it was found that such classification cannot be said to be irrational or arbitrary in any manner. It was found that the quota fixed for promotion to the post of Assistant Engineer between diploma holders and degree holders under the impugned 1999 Rules is valid. The original application filed by the present petitioners accordingly was dismissed by the Tribunal, which judgment is impugned in the present petition at the instance of the petitioners.