Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Damodar Valley Corporation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law-Qualification-Damodar valley corporation (DVC)- Recruitment during 1969-1977-Science graduates and engineering diploma holders appointed as Asst. Operators/Operators in DVC-Civil engineering diploma holders 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 whether amounts to discrimination. Held-No. Respondent Corporation (DVC) initially recruited I.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, 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. 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 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 diploma holders were upgraded in various ex-cadre posts and separate sub- ordinate Engineering Service Cadre of diploma holders was created. 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 seriously. The diploma holders 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. 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.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 holders and diploma holders who had been separated from Operational pool and placed in separate cadre and to improve the service conditions of degree holders. Hence this appeal. |
Judge | Hon'ble Mr. Justice K. Venkataswami |
Neutral Citation | 1998 INSC 77 |
Petitioner | Chinmoy Moulik And Ors. |
Respondent | Damodar Valley Corporation And Ors. |
SCR | [1998] 1 S.C.R. 772 |
Judgement Date | 1998-02-10 |
Case Number | 5678 |
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