KESHAVA MURTHY D Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) An order of the Karnataka State Government under which such of the Draugtsmen possessing three years Diploma in Civil Engineering alone the transferred to the cadre of Junior Engineers, is challenged in this writ petition by a Draughtsman, who is having the qualification of Diploma in Craftmanship Draughtsman (Civil) awarded at the successful completion of 18 months course in an Industrial Training Institute, by the Directorate General of Resettlement and Employment, Government of India (hereinafter referred to as 'ITI Diploma') on the ground of discrimination, in violation of Art.14 and 16(1) of the Constitution.

(2.) The circumstances leading to the passing of the impugned order of the State Government are as follows; According to the Recruitment Rules of the Public Works Engineering Department Service of the State Government made by the Governor in exercise of the power conferred under Art. 309 of the Constitution on 3-12-1960 and as amended from time to time, there is a cadre of Junior Engineers. The method of recruitment prescribed for the said cadre is direct-recruitment. The minimum qualification prescribed for recruitment is Diploma in Civil Engg or Mechanical Engg depending upon the requirement as the case may be from a school of Engg or polytechnic in the State of Karnataka or equivaent qualification. Another cadre which is relevant for the purpose of this case is the cadre of Draughtsmen. The method of recruitment prescribed for the cadre of Draughtsmen is 90 per cent by direct-recruitment and 10 per cent by promotion from the cadre of Tracers. The minimum qualification for recruitment is Diploma in Civil Engineering or a certificate in Draughtsmanship from a polytechnic or equivalent qualification. The qualificiation prescribed for promotion is five years as a Tracer and a pass in a test conducted by the Chief Engineer. The pay-scale prescribed for both the posts of Junior Engineers and Draughtsmen are equal. Before 1-1-1977 the pay-scale for the posts was Rs. 175-10-275-15-350-EB-20-450. The existing pay-scale for both the posts is Rs. 500-25-600-30-750-50-l,000-60-l,120.

(3.) One of the Chief Engineers made a proposal that the cadre of Junior Engineers and Draughtsmen are occupied by persons with identical qualification, but with difference in the opportunity for promotion to the higher cadres and this has caused dis-satisfaction among the persons occupying the posts of Draughtsmen and, therefore, it is better that both the cadres the merged in one cadre. The Board of Chief Engineers in their meeting dated 10th July 1972. resolved to recommend to the Government for the amalgamation of the posts of Draughtsmen and Supervisors (now redesignated as Junior Engineers) (Ext. C) . There were also representations made by the Draughtsmen to the State Government in this behalf. It appears that in a subsequent meeting of the Board of Chief Engineers held on 19-1-1974, the Board reconsidered the question of amalgamation of the cadre of Draughtsmen with that of Junior Engineers and recommended that only such of the Draughtsmen, who have got three years Diploma qualification in Civil Engineering, alone should be absorbed in the cadre of Junior Engineers. On such recommendation, the State Government considered the subject of amalgamation of the cadre of Draughtsmen with the cadre of Junior Engineers and passed order dated 27-10-1977(Ext.E) , The lelevant portion of the order reads as follows: