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Karnataka High Court

N Manjunatha vs State Of Karnataka on 8 July, 2019

Author: P.B.Bajanthri

Bench: P.B. Bajanthri

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 8TH DAY OF JULY, 2019

                       BEFORE

     THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

     WRIT PETITION NO.29697 OF 2014 (S-PRO)

BETWEEN:

N.MANJUNATHA
S/O.LATE NANJAIAH
AGED ABOUT 29 YEARS
WORKING AS SECOND DIVISION
ASSISTANT
(OOD REVENUE INSPECTOR)
MYSORE CITY CORPORATION
(ZONAL OFFICE-II), JAYANAGAR GATE
MYSORE-570 012
                                       ... PETITIONER

(BY SRI.NAGA PRASANNA, ADV.)

AND:

1.     STATE OF KARNATAKA
       BY ITS PRINCIPAL
       SECRETARY TO GOVT.
       URBAN DEVELOPMENT DEPARTMENT
       VIDHANA SOUDHA
       BANGALORE-560 001

2.     MYSORE CITY CORPORATION
       POST BOX NO.27, MYSORE-570 014
       REPRESENTED BY ITS COMMISSIONER
                                      ... RESPONDENTS

(BY SRI.SREEDHAR N.HEGDE, HCGP FOR R-1
    SMT.SHRUTHI S., FOR SMT.GEETHADEVI M.P.
    ADV. FOR R-2)
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     THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO HIS CLAIM FOR PROMOTION
TO THE CADRE OF JUNIOR ENGINEER (ELECTRICAL) IN THE
R/2 CORPORATION AND ETC.

     THIS PETITION IS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:-


                        ORDER

Petitioner has sought for the following relief:

(a) Issue a mandamus directing the respondents to consider the case of the petitioner for promotion to the cadre of Junior Engineer (Electrical) in terms of the Rules exiting on and from the date of acquisition of qualification to the post of Junior Engineer (Electrical) and promote the petitioner accordingly as Junior Engineer (Electrical) from the date his acquisition of qualification with all consequential benefits flowing thereto.

2. Undisputedly, method to the recruitment to the post of Junior Engineer reads as follows:

Category Numb Method of Minimum of posts er of Retirement qualification and scale posts of pay Junior - Eighty five percent by For Direct Engineer direct recruitment Recruitment: Must from holders of have passed Diploma 8825- Diploma in Civil and in Civil or Electrical 16000 diploma in Electrical Engineering from a Engineering in the Government ratio of 75.25 and recognized Ten percent by Institution.

                      deputation      of  an
                      officer      in    the    For promotion: (1) (i)
                      equivalent cadre from     Must have put in a
                      the     Public   Works    service of not less
                      Engineering Service       than three years in
                      Department or any         cadres of Electrician
                      Board or Corporation      Grade-I,       Water
                      of        Government,     Supply Operator.
                      subject to that they
                      hold qualification as     (ii) Must have put in
                      prescribed for direct     a service of not less
                      recruitment.              than five years in
                                                cadre of FDC.
                      If no suitable persons
                      are    available    for
                      deputation then the
                      posts shall be filled
                      by direct recruitment.

                      Five    percent   by
                      promotion from the
                      cadre of Electrician
                      Grade-I,        Water
                      Supply      Operator,
                      FDC, SDC on the
                      basis of combined
                      seniority.
                             4




     3.      85%   by   direct    recruitment,   10%     by

deputation and 5% by promotion to the post of Junior Engineer, promotion from the cadre of Electrician Grade-I, Water Supply Operator, F.D.C., S.D.C. is based on the combined seniority list. Further, F.D.C. must have five years experience in the cadre. In this backdrop, competent authority is required to prepare combined list of Electrician Grade - I, Water Supply Operator, F.D.C. and S.D.C. In the absence of preparation and publication of combined seniority list, question of filling five percent by promotion from these cadres to the post of Junior Engineer does not arise. Consequently, petitioner's grievance/prayer is not tenable in terms of mode of recruitment to the post of Junior Engineer.

4. Concerned respondents have not adhered to the Rules of Recruitment in respect of Junior Engineer Post and they have failed to prepare combined Seniority list. If such a combined seniority list is prepared and notified, in such an event, 5 operate final combined (seniority) list for promotion of 5% quota. If list is not notified, 2nd respondent is hereby directed to publish combined seniority list and operate such list to fill up 5% Junior Engineer post. The above exercise shall be completed within a period of six months from the date of receipt of this order.

With the above observation petition stands disposed of.

Sd/-

JUDGE BS