VidhiSangh

Supreme Court of India · 21/09/2021

CHANDAN BANERJEE & ORS. versus KRISHNA PROSAD GHOSH & ORS.

[2021] 11 S.C.R. 720 · 2021 INSC 516

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Summary

The Court upheld KMC’s different experience requirements for diploma- and degree-holding Sub-Assistant Engineers to advance to supernumerary Assistant Engineer posts. Recruitment through a common examination did not prohibit a later qualification-based classification reasonably linked to efficiency in the higher post. The scheme preserved opportunities for diploma holders and did not supersede regular recruitment regulations. Supernumerary appointments involved Assistant Engineer functions, and adjustment to regular vacancies remained governed by the regulations. The appeal against the circular and gradation list was dismissed.

Issues

  1. Whether common recruitment into one cadre barred qualification-based distinctions for advancement to supernumerary posts.
  2. Whether KMC’s differing service requirements were reasonably connected to the scheme and higher-post efficiency.

Provisions considered

Held

Result

Appeal dismissed; KMC’s circular and gradation list upheld, with regular promotion governed by the existing Recruitment Regulations.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 720.