Assistant Engineers Can Shift Between Degree and Diploma Quotas | SC

Case Details: Sajithabai vs. Kerala Water Authority - [2025] 180 taxmann.com 1 (SC)

Judiciary and Counsel Details

• Manmohan & Dipankar Datta, JJ.
• Nikhil Goel, Sr. Adv., Arvinda Babu, Ms Siddhi Gupta, Ms Anne Mathew, Bharat Sood, Jai Govind M.J., Aditya Roy, Advs. & P. S. Sudheer, AOR for the Appellant.
• Jayanth Muth Raj, Sr. Adv., Himinder Lal, Nishe Rajen Shonker, AORs, Mrs Anu K. Joy, Alim Anvar & Santhosh K., Advs. for the Respondent.

Facts of the Case

In the instant case, the Appellants were employees of the Kerala Water Authority who were promoted to the post of Assistant Engineer based on seniority as draftsman in the diploma quota under the Subordinate Service Rules, 1966.

The Private respondents were appointed to the post of Assistant Engineers as they were successful in the direct recruitment exam in the degree quota. The Seniority lists placed appellants above private respondents.

Thereafter, Respondents filed a writ petition challenging the seniority list prepared by the Kerala Water Authority on the ground that the appellants, having opted for the diploma quota, could not switch over to the degree quota.

Supreme Court Held

The Single Judge by the impugned order held that there was a requirement of giving an option between Direct Recruitment Quota (degree quota) and Promotion Quota (diploma quota) even for the purpose of the Subordinate Service Rules, 1966.

The High Court, by the impugned order, held that the Special Rules, 1960, did not permit switching by a person who had obtained appointment as an Assistant Engineer under the diploma quota to that of the degree quota. Then, an appeal was made before the Supreme Court.

It was noted that Rule 4(b) of the Kerala Public Health Engineering Service Special Rules, 1960, has no applicability to a stage prior to an officer becoming an Assistant Engineer. Further, the interpretation put forward by private respondents that Rule 4(b) and its proviso of Special Rules give an option/choice to choose a diploma or degree stream to only those who, while holding the post of Assistant Engineer, acquire a degree qualification was erroneous.

The Supreme Court held that once a person joins as an Assistant Engineer, i.e. feeder post under a separate service governed by Special Rules, 1960, then that person, irrespective of how he/she has been appointed to that post, has the option to migrate to either degree or diploma quota, provided he/she has obtained a degree or a diploma. Therefore, impugned orders passed by the Single Judge and the High Court were to be set aside.

List of Cases Reviewed

• Order of High Court of Kerala at Ernakulam in W.A. No. 2213 of 2023, W.A. No. 2206 of 2023 and W.A. No. 66 of 2024, dated 18-3-2024 (para 32) set aside
• P.K. CHANDRAVATHI v. C.K. Saji 2004 taxmann.com 2935 (SC)/(2004) 3 SCC 734 (para 31) distinguished

List of Cases Referred to

• P.K. CHANDRAVATHI v. C.K. Saji 2004 taxmann.com 2935 (SC) (para 13)
• Hatzl v. XL Insurance Co. Ltd. (2009) EWCA Civ. 223 (para 28)
• K.P. Varghese v. ITO [1981] 7 Taxman 13/131 ITR 597 (SC) (para 29)
• Bishwajit Dey v. State of Assam [Criminal Appeal No. 87 of 2025, dated 7-1-2025] (para 30).