SAJITHABAI AND ORS. versus THE KERALA WATER AUTHORITY AND ORS.

Citation: [2025] 3 S.C.R. 789 · Decided: 18-03-2025 · Supreme Court of India · Bench: DIPANKAR DATTA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2025] 3 S.C.R. 789 : 2025 INSC 354
Sajithabai and Ors. 
v. 
The Kerala Water Authority and Ors.
(Civil Appeal No(s). 1420-1422 of 2025)
18 March 2025
[Dipankar Datta and Manmohan,* JJ.]
Issue for Consideration
Matter pertains to the issue as to a person joining as an Assistant 
Engineer, has option to migrate to either the degree or diploma 
quota; and the scope of the Kerala Public Health Engineering 
Service Special Rules, 1960 and the Kerala Public Health 
Engineering Subordinate Service Rules, 1966.
Headnotes†
Kerala Public Health Engineering Service Special Rules, 
1960 – r.4(b) – Kerala Public Health Engineering Subordinate 
Service Rules, 1966 – Promotion – Option to migrate to 
either the degree or diploma quota – Appellants inducted as 
Draftsman, promoted to the post of Assistant Engineer on 
basis of seniority in the Diploma quota under the 1966 Rules 
prior to the declaration of direct recruitment result in which 
they also participated – Meanwhile, the respondents directly 
recruited to the post of Assistant Engineer in the 6% degree 
quota – Appellant at the stage of entering the service never 
had the opportunity to opt or choose for the diploma or degree 
quota – In the seniority list, appellants shown to be senior to 
the respondents – Appellants then sought promotion to the 
post of Assistant Executive Engineer – Writ petition by the 
respondents – Single Judge allowed the same holding that 
directly recruited Assistant Engineers from the open market 
and those promoted through the Departmental Quota are 
considered under separate watertight categories; and that the 
appellants chose promotion under the Diploma quota and are 
thus ineligible for further promotion to Assistant Executive 
Engineer under the Degree quota, as per the governing rules – 
Division Bench upheld the same – Correctness:
* Author
790
[2025] 3 S.C.R.
Supreme Court Reports
Held: 1966 Rules and 1960 Rules are separate and distinct rules 
that govern two separate services comprising different categories of 
officers – Once a person joins as an Assistant Engineer, the feeder 
post under a separate service governed by 1960 Rules, then that 
person irrespective of how he/she has been appointed to that post, 
has the option to migrate to either the degree or diploma quota, 
provided he/she has obtained a degree or a diploma – Intent and 
purpose behind r.4(b) is to give an option to an Assistant Engineer 
to join either the diploma or the degree quota, as promotion to the 
next higher post – Special Rules, 1960 deal with a separate service, 
its r.4(b) has no applicability to a stage prior to an officer becoming 
an Assistant Engineer – Interpretation by the respondents that 
r.4(b) and its proviso 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 is erroneous – Proviso 
which gives the option to such officers to choose the diploma 
or degree quota means and refers to all the officers holding the 
post of Assistant Engineer – Impugned judgments passed by the 
Single Judge and the Division Bench of the High Court set aside. 
[Paras 16-26, 32]
Case Law Cited
Chandravathi P.K. and Others. v. C.K. Saji and Others [2004] 2 
SCR 330 : (2004) 3 SCC 734 – held inapplicable.
K.P. Varghese v. Income Tax Officer, Ernakulam and Another 
[1982] 1 SCR 629 : (1981) 4 SCC 173; Bishwajit Dey v. The 
State of Assam [2025] 1 SCR 281 : Criminal Appeal No. 87 of 
2025 – referred to.
Hatzl v. XL Insurance Co. Ltd. (2009) EWCA Civ. 223 – referred to.
List of Acts
Kerala Public Health Engineering Service Special Rules, 1960; 
Kerala Public Health Engineering Subordinate Service Rules, 1966.
List of Keywords
Assistant Engineer; Promotion; Draftsman; Diploma; Degree; 
Seniority; Educational requirement; Promotion quota; Option 
to migrate to either the degree or diploma quota; Seniority list; 
Departmental Quota; Promotion to Assistant Executive Engineer; 
Feeder post.
[2025] 3 S.C.R. 
791
Sajithabai and Ors. v. The Kerala Water Authority and Ors.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No(s). 1420-1422 
of 2025
From the Judgment and Order dated 18.03.2024 of the High Court 
of Kerala at Ernakulam in WA Nos. 2213 and 2206 of 2023 and 
WA No. 66 of 2024
Appearances for Parties
Advs. for the Appellants:
Nikhil Goel, Sr. Adv., Arvinda Babu, Ms. Siddhi Gupta, Ms. Anne 
Mathew, Bharat Sood, Jai Govind M J, Aditya Roy, P. S. Sudheer.
Advs.

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