Karnataka High Court
Sri Shivakumara K C vs State Of Karnataka on 29 October, 2022
Author: S.G. Pandit
Bench: S.G. Pandit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2022
BEFORE
THE HON' BLE MR. JUSTICE S.G. PANDIT
WRIT PETITION No.300/2022 (S-PRO)
BETWEEN:
1. SRI.SHIVAKUMARA.K.C.,
S/O CHELUVARAYA.K
AGED ABOUT 46 YEARS
WORKING AS JUNIOR ENGINEER [ELECTRICAL]
CITY MUNICIPAL COUNCIL
MANDYA, MANDYA DISTRICT-571401
R/AT KAMPALAPURA
PERIYAPATNA TALUK
MYSURU DISTRICT-571107.
2. SRI.KUMARA.H.J.,
S/O JAVARAIAH.H
AGED ABOUT 48 YEARS
WORKING AS JUNIOR ENGINEER [ELECTRICAL]
CITY MUNICIPAL COUNCIL
ATTIBELE, ANEKAL TALUK
BENGALURU URBAN DISTRICT.
3. SMT.SUJATHA.B.J.
D/O JANARDHAN GOWDA
AGED ABOUT 49 YEARS
WORKING AS JUNIOR ENGINEER [ELECTRICAL]
CITY MUNICIPAL COUNCIL
HASSAN, HASSAN DISTRICT.
4. SMT.T.R.SUMA
D/O T.V.RADHAKRISHNA
AGED ABOUT 52 YEARS
WORKING AS JUNIOR ENGINEER [ELECTRICAL]
TOWN MUNICIPAL COUNCIL
KUNIGAL, TUMKUR DISTRICT.
5. SRI.VIJAYKUMAR.C
S/O CHIKKAYALLAPPA
AGED ABOUT 42 YEARS
2
WORKING AS JUNIOR ENGINEER [ELECTRICAL]
TOWN MUNICIPAL COUNCIL, BOMMASANDRA
ANEKAL TAULK, BENGALURU DISTRICT.
6. SMT.KAVITHA.K.R.,
D/O RAMACHANDRA.K.S.,
AGED ABOUT 46 YEARS
WORKING AS JUNIOR ENGINEER [ELECTRICAL]
CITY MUNICIPAL COUNCIL
HASSAN, HASSAN DISTRICT.
7. SMT.ASHWINI.U
D/O PRAKASH
AGED ABOUT 39 YEARS
WORKING AS JUNIOR ENGINEER
MULKI TOWN PANCHAYATH
NEAR GANDHI MAIDAN
MANGALORE. ...PETITIONERS
(BY SRI.VIJAYA KUMAR., ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIKAS SOUDHA, BANGALORE-560001.
2. THE DIRECTOR
DEPARTMENT OF MUNICIPAL
ADMINISTRATION, V.V. TOWER,
DR.B.R.AMBEDKAR VEEDHI
BANGALORE-560001. ...RESPONDENTS
(BY SRI.M.V.RAMESH JOIS, AGA.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO CONSIDER THE CLAIM OF THE
PETITIONERS FOR PROMOTION TO THE POST OF ASSISTANT
EXECUTIVE ENGINEER IN TERMS OF KARNATAKA
MUNICIPALITIES (RECRUITMENT OF OFFICERS AND
EMPLOYEES) RULES, 2010 VIDE ANNEXURE-E ALONG WITH
THE JUNIOR ENGINEERS (CIVIL) TO THE CADRE OF ASSISTANT
EXECUTIVE ENGINEER AS PER THE RATIO PRESCRIBED; AND
ETC.,
3
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
The petitioners working as Junior Engineers [Electrical] in the second respondent - Department of Municipal Administration are before this Court praying for a writ of mandamus to consider their case for promotion to the post of Assistant Executive Engineer in terms of Karnataka Municipalities (Recruitment of Officers & Employees) Rules, 2010 along with Junior Engineers (Civil) by considering the joint representation dated 04.12.2021 [Annexure-N].
2. Heard learned counsel Sri.Vijaya Kumar for the petitioners and learned Additional Government Advocate Sri.M.V.Ramesh Jois for the respondents. Perused the writ petition papers.
3. Learned counsel for the petitioners would submit that the petitioners are appointed as Junior Engineers (Electrical) on 06.10.2005 in pursuance to the Recruitment process of Karnataka Public Service 4 Commission. Learned counsel would submit that there are cadres of Junior Engineers (Electrical) and Junior Engineers (Civil) in the Department. Both the cadres have two different seniority list. The Cadre and Recruitment Rules of 2010 provides promotion to the cadre of Assistant Executive Engineer from the cadre of Junior Engineers (Electrical) as well as Junior Engineers (Civil). In that regard, it is submitted that the petitioners except petitioner Nos.5 and 6 submitted representation dated 04.12.2021 at Annexure-N, requesting promotion to the cadre of Assistant Executive Engineers along with Junior Engineers (Civil). The said representation is pending consideration. It is also submitted that the petitioners are qualified and eligible for promotion to the next higher cadre of Assistant Executive Engineer in accordance with the Cadre and Recruitment Rules and as well as Seniority List.
4. Per contra, learned Additional Government Advocate submits that if the petitioners are qualified 5 and eligible and if there is necessity of filling up of post of Assistant Executive Engineers in accordance with the Cadre and Recruitment Rules, the case of the petitioners would be appropriately considered on the representation of the petitioners dated 04.12.2021.
5. Petitioners are working as Junior Engineers (Electrical) in the second respondent - Department of Municipal Administration. The next promotion post to the Junior Engineers (Electrical) is that of Assistant Executive Engineer. Method of recruitment to the Assistant Executive Engineers reads as follows:
"SCHEDULE - II (See rule 5) Method of Recruitment and Minimum Qualifications Sl. Category Numbe Method of Minimum No of posts r of Recruitment Qualification and scale posts of the pay (1) (2) (3) (4) (5)
1. Assistant XX Forty percent For Direct Executive (Here by direct Recruitment. -
Engineer specify recruitment Must be holder 14050- the and ten of a Bachelor 25050 sanction percent by Degree in ed cadre deputation of Engineering strength) an officer in (Civil) or AMIE the equivalent (Civil) from an cadre from the institution Public Works recognized by 6 Engineering the Service Government.
Department or For Promotion.
any other - (1) In the
Departments case of
of the State Assistant
Government or Engineers,
Boards; and must have put
Fifty percent in a service of by promotion not less than from the cadre three years in of Assistant the cadre of Engineer and Assistant Junior Engineers.
Engineer in (2). In the case
the ratio of of Junior
40:60. Engineers, - (i)
Must have put
in a service of
not less than
five years in
the cadre of
Junior
Engineer; and
(3) Must have
passed
Diploma in
Civil or
Electrical
Engineering
from an
institution
recognized by
the
Government.
6. The second respondent - Department has also published seniority list of Junior Engineers (Civil) as well as Junior Engineers (Electrical) under O.M. dated 27.05.2019. The petitioners are working as Junior Engineers (Electrical) since 2005, without any promotion. In that regard, petitioner Nos.1 to 4 and 7 7 submitted representation dated 04.12.2021. The said representation is pending consideration. The respondents are bound to consider the representation in accordance with the Cadre and Recruitment Rules. Hence, the following:
ORDER
i) The respondents are directed to consider the representation of the petitioners dated 04.12.2021 in the light of the Cadre and Recruitment Rules, 2010 as well as Seniority List as well as the eligibility of the petitioners for the promotion and pass appropriate order within a period of three months from the date of receipt of copy of this order.ii) It is open for the petitioner Nos.5 and 6
to make appropriate representation. 8
iii) If such representation is made within 15 days from today, the same shall be considered along with the above said representation.
With the above, writ petition stands disposed of.
Sd/-
JUDGE NC.