Promotion rules for filling 25% AEE post from JE cadre unconstitutional, rules HC

The High Court of Karnataka has held as unconstitutional and contrary to Article 14 and 16 of the Constitution, the provision under the Karnataka Municipal Corporations (Common Recruitment of Officers and Employees) Rules, 2011, pertaining to promotion for filling up of 25% of the post of assistant executive engineer (Civil) from the cadre of junior engineer (Civil).

Justice E S Indiresh has said that the post of junior engineer is not a feeder cadre for promotion to the post of assistant executive engineer under the 2011 Rules.

The court has further directed the departments of urban development and municipal administration to grant promotion to the post of assistant executive engineer only from the feeder cadre/lower cadre, from the post of assistant engineer only. The departments have been directed to fill up vacancies in the post of assistant executive engineer in terms of observations made in the order, within eight weeks.

Several assistant engineers working in city corporations of Mysuru, Tumakuru Hubballi-Dharwad and other urban local bodies had challenged the Rules, notified on April 11, 2011. The petitioners contended that the Rules had not been amended till date and 25% of the cadre of assistant executive engineer is being filled up by promotion from the cadre of junior engineer. It was submitted that the educational qualification required for the cadre of junior engineer is diploma and if unequals are treated equally as per 2011 Rules, the assistant engineers, who got degree in engineering would be deprived of their right of promotion to an extent of 25% earmarked for junior engineers and same is contrary to Article 14 and 16 of the Constitution.

Justice Indiresh noted that as the pay scales of the junior engineer and the assistant engineer, as per 2011 Rules, is different and therefore, both the junior engineer and assistant engineer cannot be equated while promoting to the post of assistant executive engineer.

"Therefore, in the event, 25% from the cadre of junior engineers, who have put in a service of not less than five years, are promoted to the post of assistant executive engineer, bypassing the promotion of assistant engineer, same would curtail / deprive the legal right of such of 25% of the assistant engineers, who are front-runners for promotion, based on the educational qualification and pay-scale, and therefore, the said classification made under impugned Rules, 2011, providing promotion to the post of assistant executive engineers from the cadre of junior engineer in an extent of 25% is contrary to law and Article 14 and 16 of the Constitution of India," the court said.