CHINMOY MOULIK AND ORS. versus DAMODAR VALLEY CORPORATION AND ORS.

CHINMOY MOULIK AND ORS. versus DAMODAR VALLEY CORPORATION AND ORS.

The authority and power of DVC to create a separate service cadre for diploma holders cannot be questioned, and it does not amount to discrimination against degree holders, especially since most were not recruited simultaneously; creation of a separate cadre improved promotional opportunities for degree holders.

Parties
Appellants: Chinmoy Moulik and Ors.; Respondents: Damodar Valley Corporation and Ors.
Jurisdiction
India
Judgment Date
10 February 1998
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Judgment of Division Bench of Calcutta High Court
Outcome
Appeal dismissed
Legal Topics
Qualifications for Appointment, Cadre Creation, Service Conditions, Discrimination, Classification of Employees
Service Law Qualifications for Appointment Cadre Creation Service Conditions Discrimination Classification of Employees

Case Brief

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Parties

Chinmoy Moulik and Ors.

Appellants

Damodar Valley Corporation and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Judgment of Division Bench of Calcutta High Court

Legal Issues

  1. 1 Whether the creation of a separate Sub-ordinate Engineering Service Cadre for diploma holders amounts to discrimination against degree holders
  2. 2 Whether the Damodar Valley Corporation was justified in upgrading diploma holders and creating a separate channel for them

Ratio Decidendi

The authority and power of DVC to create a separate service cadre for diploma holders cannot be questioned, and it does not amount to discrimination against degree holders, especially since most were not recruited simultaneously; creation of a separate cadre improved promotional opportunities for degree holders.

Court Disposition

Appeal dismissed

Orders

  • No merit found in appeal. Division Bench of High Court judgment affirmed. No order as to costs.