AIR 1989 SUPREME COURT 307 ::1989 LAB. I. C. 1268 ::(1988) 2 CurLR 680 ::(1989) 58 FacLR 549 ::1989 SCC (L&S) 235 ::(1988) 2 Ker LT 101 ::1989 (1) LabLN 268 ::1988 20 Reports 346 ::1989 SCC (Supp) 1 116 ::(1988) 4 JT 114 (SC)

Supreme Court Of India

(From : 1988 Lab IC 434 (Delhi))

Hon'ble Judge(s): Ranganath Misra, M. N. Venkatachaliah , JJ

Constitution of India , Art.14, Art.16— Promotion - From cadre of Junior Engineers to that of Assistant Engineers and from cadre of Assistant Engineers to that of Executive Engineers - Eligibility - Prescribing different conditions for Diploma holders and Graduates Held, not violative of Arts. 14, 16. 1988 Lab IC 434 (Delhi) Reversed.Promotion - Eligibility - Different standards of service experience. Rules prescribing different conditions of eligibility for Diploma-Holders and Graduates for promotion from the cadre of Junior-Engineers to that of Assistant-Engineers and from the cadre of Assistant-Engineers to that of Executive-Engineers in the Public Works Department of the Delhi Development Authority (DDA) was not violative of Arts. 14 and 16 of the Constitution. If Diploma-Holders of course on the justification of the job-requirements and in the interest of maintaining a certain quality of technical expertise in the cadre could validly be excluded from the eligibility for promotion to the higher cadre, it does not necessarily follow as an inevitable corollary that the choice of the recruitment policy is limited only to two choices, namely, either to consider them "eligible" or "not eligible". State, consistent with the requirements of the promotional-posts and in the interest of the efficiency of the service, is not precluded from conferrin....