Case Law Details
Chandan Banerjee Vs Krishna Prosad Ghosh (Supreme Court of India)
Conclusion: In present facts of the case, the circular issued by Kolkata Municipal Corporation (KMC) was challenged which prescribed separate conditions for diploma and degree holder Sub-Assistant Engineers (SAE) for supernumerary appointments as Assistant Engineers (AE). The Hon’ble Supreme Court held that in matters of public policy and public employment, the legislature or its delegate must be given sufficient room to decide the quality of individuals it seeks to employ as against different positions. As long as these decisions are not arbitrary, this Court must refrain from interfering in the policy domain.
Facts: In present facts of the case, the Appellants, who are SAEs (Sub-Assistant Engineers) possessing a diploma in engineering, filed a writ petition challenging the circular dated 3 July 2012 and gradation list on the ground that classification within the same cadre of SAE for the purpose of appointment to supernumerary posts violates Articles 14 and 16 of the Constitution of India. By a judgment dated 6 October 2015, the Single Judge of the High Court allowed the writ petition and held the circular to be arbitrary and unconstitutional. In a Letters Patent Appeal, the Division Bench, reversed the decision of the Single Judge and held that classification made on the basis of educational qualifications for supernumerary appointments to the higher post of Assistant Engineer, is valid.
The Single Judge of the High Court held that when persons having different educational qualifications are subject to a common recruitment process and are selected thereafter, a subsequent classification in that cadre would be in violation of Articles 14 and 16 of the Constitution. The Single Judge also observed that the classification for promotion was not made to reward those SAEs who had improved their educational qualification during service, but instead was a benefit granted to all degree holders. On the contrary, in appeal, the Division Bench of the High Court upheld the validity of the impugned circular and gradation list and while reversed the order of Single Judge by relying upon the Judgment of State of Jammu & Kashmir v. Shri Trilokinath Khosa (1974) 1 SCC 19, wherein it was held that that a classification made on the basis of educational qualifications to achieve administrative efficiency is not arbitrary or impermissible under Articles 14 or 16 of the Constitution. The classification made by KMC to increase efficiency by removing frustration amongst stagnated SAEs is also a similar policy decision, which must not be interfered with.
The petitioner relied upon the Judgments of Union of India v. Atul Shukla & Ors. (2014) 10 SCC 432; Co. AS Iyer & Ors. v. Bala Subramanyan & Ors. (1980) 1 SCC 634; Punjab State Electricity Board & Anr. v. Ravinder Kumar Sharma & Ors. 1 (1986) 4 SCC 617, and submitted that once persons have become members of a service, they are equals and cannot be differentiated for the purpose of salary, seniority, promotion and conditions of service. A career advancement scheme is an incentive and a class amongst a class cannot be created to grant this benefit. The impugned order of the High Court failed to appreciate the ratio of Trilokinath Khosa (supra), where this Court had upheld separate channels of promotion for degree holders and diploma holders as they had been recruited through different channels on the basis of their qualifications. In this case, the selection was through a common channel.
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