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by Admin
07 May 2024 2:49 AM
In a significant judgment, the High Court of Kerala at Ernakulam has clarified the rules surrounding the promotion eligibility of Assistant Engineers in the Kerala Water Authority (KWA). Justice Raja Vijayaraghavan V, presiding over the case, ruled that engineers promoted through the Diploma quota cannot subsequently switch to the Degree quota for further promotions.
The court was dealing with a dispute regarding the seniority and promotion of Assistant Engineers who entered service through different quotas. The key legal issue was whether engineers promoted from the Diploma quota could be included in the seniority list for Degree quota promotions. The judgment explicitly states, “the action of including respondents 4 to 10 in Ext.P12 final seniority list of directly recruited Assistant Engineers is clearly illegal.”
Justice Vijayaraghavan observed, “Assistant Engineers are appointed through two primary methods: direct recruitment from the open market and internal recruitment of candidates holding an Engineering Degree, as well as promotion from Draftsman Grade 1 positions for those with an Engineering Diploma.” This distinction, as per the Court, necessitates maintaining separate seniority lists for each category.
The judgment extensively referred to the Kerala Public Health Engineering Subordinate Service Special Rules and the Kerala Public Health Engineering Service Special Rules. These rules stipulate the service conditions of employees and form the basis of the court’s decision.
The Court further quoted from its judgment, “Respondents 4 to 10, while serving as Overseers in the KWA, responded to a PSC notification and were included in the Ext.P8 rank list for direct recruitment. However, they opted not to pursue direct recruitment as Assistant Engineers, presumably due to the advantages and benefits that such a course offered to them.”
This ruling has significant implications for the promotion policies within the Kerala Water Authority. It clarifies that the path of promotion for engineers is determined by the quota through which they initially entered service, whether by direct recruitment or through promotion from the Diploma quota.
Date of Decision: 22nd November 2023
Sajithabai and Others VS Kerala Water Authority and Others
