Karnataka High Court
Smt. N. Pankaja vs The Managing Director on 27 July, 2023
-1-
NC: 2023:KHC:26406
WP No. 4401 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.4401 OF 2023 (S-KSRTC)
BETWEEN:
1. SMT. N. PANKAJA
AGED ABOUT 49 YEARS,
D/O. LATE SUBRAMANYA .S
JR. ASSISTANT-CUM-DATA ENTRY OPERATOR,
B.M.T.C., CENTRAL OFFICES,
K.H ROAD, SHANTHINAGAR,
BANGALORE - 560 027.
2. SMT. KOLIWAD VIDYALAKSHMI
AGED ABOUT 37 YEARS,
D/O. BASAVARAJU
JR. ASSISTANT-CUM-DATA ENTRY OPERATOR,
B.M.T.C., SUBHASHNAGAR,
BANGALORE - 560 009.
Digitally signed
by SHYAMALA 3. SRI JAGADEESH M.S.
Location: HIGH AGED ABOUT 47 YEARS,
COURT OF S/O. SHIVANNA .M
KARNATAKA JR. ASSISTANT-CUM-DATA ENTRY
OPERATOR, B.M.T.C.,
DEPOT NO.11, PUTTENAHALLI,
BANGALORE - 560 018.
4. SRI SANGANA BASAPPA
AGED ABOUT 42 YEARS,
S/O. SHARANAPPA BELAGAL,
JR. ASSISTANT-CUM-DATA ENTRY OPERATOR,
B.M.T.C., DEPOT NO.48,
BHAIRATHI BANDE,
BANGALORE - 560 007.
-2-
NC: 2023:KHC:26406
WP No. 4401 of 2023
5. SRI VASANTHA .T
AGED ABOUT 38 YEARS,
S/O. THIMMA NAIK,
JR. ASSISTANT-CUM-DATA ENTRY OPERATOR,
B.M.T.C. DEPOT NO.14,
R.T. NAGAR,
BANGALORE - 560 032.
6. SRI RAMESH NAIK .S
AGED ABOUT 45 YEARS,
S/O. SEVIYA NAIK,
JR. ASSISTANT-CUM-DATA ENTRY OPERATOR,
B.M.T.C., CENTRAL OFFICES,
K.H. ROAD, SHANTHINAGAR,
BANGALORE - 560 027.
7. SRI USNAPPA B. HOSAMANI
AGED ABOUT 41 YEARS,
S/O. BHEEMSHA
JR. ASSISTANT-CUM-DATA ENTRY OPERATOR,
B.M.T.C., DEPOT NO.36, BIDADI,
BANGALORE RURAL DISTRICT - 560 087.
8. SMT. REKHA .H
AGED ABOUT 38 YEARS,
D/O. LATE SANJEEVA N.K.
JR. ASSISTANT-CUM-DATA ENTRY OPERATOR,
B.M.T.C., DEPOT NO.11,
PUTTENAHALLI/YELAHANKA,
BANGALORE - 560 017.
9. SRI DURGAPRASAD SANGAMA
AGED ABOUT 36 YEARS,
S/O. NARASAPPA,
JR. ASSISTANT-CUM-DATA ENTRY OPERATOR,
B.M.T.C., DEPOT NO.30,
PUTTENAHALLI-YELAHANKA,
BANGALORE - 560 017. ... PETITIONERS
(BY SRI MUKKANNAPPA S.B., ADVOCATE)
-3-
NC: 2023:KHC:26406
WP No. 4401 of 2023
AND:
1. THE MANAGING DIRECTOR,
B.M.T.C., CENTRAL OFFICES
K.H. ROAD, SHANTHINAGAR,
BANGALORE - 560 027.
2. THE DIRECTOR (S & V),
B.M.T.C., CENTRAL OFFICES,
K.H. ROAD, SHANTHINAGAR,
BANGALORE - 560 027.
3. THE CHIEF PERSONNEL MANAGER,
B.M.T.C., CENTRAL OFFICES,
K.H. ROAD, SHANTHINAGAR,
BANGALORE - 560 027. ... RESPONDENTS
(BY SMT. RENUKA H.R., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT THE ACTION OF THE RESPONDENTS IN NOT
INCLUDING THE NAMES OF THE PETITIONERS IN THE
ELIGIBILITY LIST OF JUNIOR ASSISTANT-CUM-DATA ENTRY
OPERATORS FOR PROMOTION ATTACHED TO THE LETTER
BEARING NO.BMTC/CO/EST/SENIORITY/7018/22-23 DATED
11/02/2023 AT ANNEXURE-H IS IN VIOLATION OF CIRCULAR
BEARING NO.KST/CO/EST/C5/204(A)/2006-07 DATED
17/05/2006 AT ANNEXURE-D AND AS WELL AS IN VIOLATION
OF THE CONDITIONS STIPULATED IN THE GENERAL
ESTABLISHMENT ORDER BEARING
NO.BMTC/CO/EST/SENIORITY/05/3895/2019-20 DATED
16/09/2019 AT ANNEXURE-F, UNDER THE FACTS AND
CIRCUMSTANCES OF THIS CASE AND ETC.
-4-
NC: 2023:KHC:26406
WP No. 4401 of 2023
THIS WRIT PETITION COMING ON FOR DICTATING
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners in this writ petition are seeking for a declaration that the action of the respondents in not including the names of the petitioners in the eligibility list of Junior Assistant-cum-Data Entry Operators for promotion annexed to the letter dated 11.02.2023 is in violation of the circular dated 17.05.2006 as also to the conditions specified in General Establishment Order dated 16.09.2019. Further, a direction is sought to include their names in the eligibility list of Junior Assistant-cum-Data Entry operators on priority basis and to consider them for promotion to the post of Assistants and to extend all other consequential benefits.
2. Brief facts of the case are that, the petitioners are regular employees of the respondent-corporation working as Junior Assistants-cum-Data Entry Operators, on the basis of the seniority-cum-merit, respondent No.3 -5- NC: 2023:KHC:26406 WP No. 4401 of 2023 promoted the petitioners to the cadre of Statistical Assistants/Assistant Store Keepers vide order dated 15.07.2019. The petitioners declined to accept the promotion and submitted representation by assigning personal and domestic reason. The requests of the petitioners were accepted and promotion of the petitioners were declined, imposing condition that in terms of the circular dated 17.05.2006, the petitioners are not eligible for promotion for a period of three years and after completion of three years, as one time measure, their cases will be considered for promotion on priority basis based on the seniority and so also, in accordance with the rules.
3. It is the case of the petitioners that at the verge of completing the period of three years, the petitioners submitted representations to consider them for promotion on next promotional process and that the petitioners would complete the period of three years as on 16.09.2022. It is stated that, the respondent-Corporation -6- NC: 2023:KHC:26406 WP No. 4401 of 2023 have published eligibility list of promotion of Junior Assistant-cum-Data Entry Operator on 10.02.2023, though the petitioners were eligible for promotion on priority basis, the names of the petitioners did not find place in the list of promotion, the petitioners are aggrieved by non- inclusion of their names in the eligibility list of promotion of Junior Assistant-cum-Data Entry Operator.
4. The respondent-Corporation filed objections inter alia contending that as on the date when the process of promotion was for consideration, as per the proceedings of Departmental Promotion Committee (for short 'DPC') held on 05.05.2022 in respect of 60 vacant posts existing in the month of March, 2022 and as on the date of the DPC meeting, i.e., 05.05.2022, the petitioners did not possess the eligibility criteria and in light of the same, it is stated that there is no violation of the procedure of DPC and the entire process of promotion has been completed for 60 vacant posts of Assistant and the same has been approved by respondent No.1 on 26.07.2022 and hence, -7- NC: 2023:KHC:26406 WP No. 4401 of 2023 the challenge made to the notification is without any merit as the list pertains to the candidates, whose eligibility criteria have been examined and approved by the DPC held on 05.05.2022.
5. Heard Sri. Mukkannappa S.B., learned counsel for the petitioners and Smt. Renuka H.R., learned counsel for the respondent-corporation.
6. The fact is not in dispute that the petitioners were promoted to the cadre of Statistical Assistant/Assistant Store-Keepers vide order dated 15.07.2019 from the post of Junior Assistant-Cum-Data- Entry Operator, the promotion was declined by the petitioners assigning personal and domestic reasons and respondent No.3-corporation accepted the request of the petitioners and vide order dated 16.09.2019 cancelled the promotion of the petitioner by imposing condition in terms of the circular dated 17.05.2016 at Annexure-D. -8- NC: 2023:KHC:26406 WP No. 4401 of 2023
7. A perusal of the circular dated 17.05.2016, a condition mentioned therein is that, in the event, the petitioners refused to accept the promotion, the petitioners would not be eligible for promotion on the next oncoming occasion or for a period of three years, whichever is earlier. The promotion issued to the petitioners was on 15.07.2019 and next occasion for consideration of promotion was on 05.05.2022, where the promotion proceedings were held by DPC in respect of 60 posts as existed in the month of March, 2022, the proceedings of the DPC was drawn on 05.05.2022 as per the eligibility criteria that existed in each of the candidates as on 05.05.2022.
8. The entire process of according promotion to the eligible candidate was concluded on 05.05.2022 and the approval was granted by the Managing Director on 26.07.2022, since the petitioners did not possess the eligibility criteria as per the condition imposed while not accepting the promotion on 15.07.2019, wherein the -9- NC: 2023:KHC:26406 WP No. 4401 of 2023 petitioner had not opted for the promotion and in terms of the circular dated 17.05.2016, where one time relaxation would be given to the employees who had given up their promotion and thereafter, after the completion of three years, when the promotion process is to commence, priority should be given to the petitioners on the basis of the seniority list in accordance with the rules. The petitioners had not completed the period of three years as on 05.05.2022. It is only on 16.09.2022, the period of three years was completed and the said aspect was not disputed by the petitioner and the same is evident at paragraph No.13 of the writ petition and the relevant portion reads as under:
"That, admittedly, the petitioners have completed the period of three years on 16.9.2022 and as such in terms of the circulars at Annexures-B, c and D, the Petitioners are eligible for promotion to the post of Assistants and other categories of post;"
9. The DPC while considering the proceedings on 05.05.2022 at Annexure-R1 has taken into consideration that the petitioners herein did not fulfil the eligibility
- 10 -
NC: 2023:KHC:26406 WP No. 4401 of 2023 criteria as on the date when the DPC proceedings were initiated by the Corporation and this entire process having been done on 05.05.2022 without there being any infirmity, irregularity or deviation in respect of the procedure as contended by the petitioners and there being no violation of the procedure by the DPC and the process of the promotion having been approved by respondent No.1 on 26.07.2022, the petitioners have not made out a case and the relief claimed lacks merit and accordingly, liable to be dismissed.
Accordingly, this Court pass the following:
ORDER The writ petition is hereby dismissed.
Sd/-
JUDGE MBM