CHINMOY MOULIK AND ORS. versus DAMODAR VALLEY CORPORATION AND ORS.

Citation: [1998] 1 S.C.R. 772 · Decided: 10-02-1998 · Supreme Court of India · Bench: S.C. AGRAWAL, K. VENKATASWAMI, V.N. KHARE · Disposal: Dismissed

Judgment (excerpt)

A 
CHINMOY MOULIK AND ORS. 
v. 
DAMODAR VALLEY CORPORATION AND ORS. 
FEBRUARY 10, 1998 
B 
[S.C. AGARWAL, K. VENKATASWAMI AND V.N. KHARE, JJ.) 
Service Law-Qual[fication-Damodar valley corporation (DVC)-
Recruitment during 1969-1977-Science graduates and engineering diploma 
C holders appointed as Asst. Operators/Operators in DVC-Civil engineering 
diploma ho-lders appointed as Asst. Controllers-Policy decision of 
management-Mechanical and electrical diploma holders Asst. Operators/ 
Operators-Upgraded and brought at par with Asst. controller civil 
engineering diploma holders-Creation of separate cadre consisting of all 
diploma holders-Classification of degree holders and diploma holders 
D whether amounts to discrimination. Held-No. 
Respondent Corporation (DVC) initially recruited L Sc./School Final/ 
Matriculate for the post of Asst. Operators. Seniority, experience and 
departmental examination was the policy of promotion from Asst. Operators 
to.Operators. During 1969-1977 due to urgent need of more Operators, 
E degree holders in Science (degree holders) and diploma holders in Electrical 
and Mechanical engineering (diploma holders) were recruited as Asst. 
Operators and Operators. In civil department of DVC the diploma holders 
were recruited as Asst. Controllers equivalent to Junior Engineers post 
which was next stage of promotion from Operators post. 
F 
The Management of DVC took a policy decision that the diploma 
holders in. engineering would be directly recruited at the level of Asst. 
Controllers or equivalent thereto and all existing diploma holder Asst. 
Operators/ Operators would be upgraded as Asst. Controller and no fresh 
recruitment of diploma holders would be made till all the diploma holders are 
G so upgraded. 
Due to delay in implementation of the said policy the dipolma holder 
Operators moved the High Court for implementation of the said policy. The 
degree holders were not made party in the Writ Petition. The High Court 
directed DVC management to implement its policy decision. Accordingly 
H diploma holders were upgraded in various ex-cadre posts and separate sub-
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CIDNMOY MOULIKv. DAMODAR VALLEY CORPN. 
773 
ordinate Engineering Service Cadre of diploma holders was created. 
A 
The degree holders challenged before High Court, such creation of 
separate cadre on the grounds that the degree holders and diploma holders 
were.recruited simultaneously on the basis of same advertisement and hence 
creation of separate cadre of diploma holder and their upgradation will 
amount to discrimination, due to which the degree holders would be prejudiced B 
seriously. 
The diploma h~lders engineers and DVC resisted the plea of degree 
holders on the grounds that diploma in engineering is technical or 
professional qualification whereas B. Sc is general academic qualification. C 
The diploma holders during their studies are comparatively more exposed to ' 
industrial applications. The diploma holders if intend to study engineer 
degree, certain exemptions and advantages are given to-them. Also as a 
matter of policy of DVC diploma holders were not recruited to the post of 
Asst. Operators from 1978. Single Judge of the High Court directed DVC 
to restrain from discrimination of degree holders and diploma holders • 
D 
On appeal by DVC to Division Bench of High Court against the order 
of Single Judge, the Division Bench of High Court found that classification 
made by DVC between the degree holders and diploma holders was permissible 
and did not amount to discrimination and directed DVC to find ways and 
means by setting up a committee of experts to examine the case of degree E 
holders and diploma holders who had been separated from Operational pool 
and placed in separate cadre and to improve the service con.ditions of degree 
holders. Hence this appeal. 
Dismissing the appeal, this Court 
HELD : 1. Classification made by DVC between degree holders and 
diploma holders is permissible. [777-F] 
F 
2. Authority and power of DVC to create a separate service cadre can 
not be questioned and it does not amount to discrimination against degree 
holders. Out of 349 appellants only 7 /8 are recruited simultaneously to the G 
post of Asst. Operators/Operators through same advertisement and rest all 
were recruited subsequently as the respondent Corporation stopped recruiting 
diploma holders engineers. Also due to creation of a separate cadre of 
diploma holders the promotion chances of degree

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