B. THIRUMAL versus ANANDA SIVAKUMAR AND ORS.

B. THIRUMAL versus ANANDA SIVAKUMAR AND ORS.

Degree-holder Junior Engineers, even after re-designation as Assistant Engineers upon acquiring a degree, remain members of the Subordinate Engineering Service and are eligible only for promotion against the 25% quota reserved for Subordinate Service. They cannot be considered for promotion against the 75% quota reserved for State Service members; upgradation does not constitute promotion or appointment by transfer.

Parties
Appellant: B. Thirumal; Respondents: Ananda Sivakumar and Ors.
Jurisdiction
India
Judgment Date
27 November 2013
Procedural Posture
Civil Appeal / Appeal From High Court Division Bench Judgment
Outcome
Appeals dismissed
Legal Topics
Promotion Quota, Upgradation Vs Promotion, Re Designation in Public Service, Seniority and Eligibility for Promotion
Service Law Promotion Quota Upgradation Vs Promotion Re Designation in Public Service Seniority and Eligibility for Promotion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

B. Thirumal

Appellant

Ananda Sivakumar and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Division Bench Judgment

Legal Issues

  1. 1 Whether re-designation/upgradation of diploma-holder Junior Engineers to Assistant Engineers upon acquiring a degree is tantamount to promotion or recruitment by transfer
  2. 2 Eligibility of re-designated Assistant Engineers for promotion against both 25% and 75% quotas

Ratio Decidendi

Degree-holder Junior Engineers, even after re-designation as Assistant Engineers upon acquiring a degree, remain members of the Subordinate Engineering Service and are eligible only for promotion against the 25% quota reserved for Subordinate Service. They cannot be considered for promotion against the 75% quota reserved for State Service members; upgradation does not constitute promotion or appointment by transfer.

Court Disposition

Appeals dismissed

Orders

  • Degree-holder Junior Engineers, after upgradation/re-designation as Assistant Engineers, may be considered only against 25% quota.
  • No interference with past appointments of redesignated Assistant Engineers as Assistant Executive Engineers against 75% quota.