Karnataka High Court
Sharadabai R Chakki And Ors vs Karnataka Power Transmission ... on 23 July, 2024
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NC: 2024:KHC-K:5237
WP No. 200273 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23 RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
WRIT PETITION NO. 200273 OF 2024 (S-RES)
BETWEEN:
1. SHARADABAI R. CHAKKI
AGE: 48 YEARS, OCC: METER READER,
IN THE OFFICE CSD-3,
CITY DIVISION GESCOM, KALABURAGI,
R/O PLOT NO. 6, SY. NO. 5/2,
BIDDAPUR COLONY, KALABURAGI.
2. SHANKARAPPA S/O SHARANAPPA,
AGE: 52 YEARS, OCC: OVER SEAR,
IN THE OFFICE GESCOM SEDAM DIVISION OFFICE,
SEDAM, R/O BEHIND HOUSING BOARD COLONY,
Digitally signed MOUNESHWAR NAGAR, SEDAM ROAD,
by KHAJAAMEEN KALABURAGI.
L MALAGHAN
Location: HIGH
COURT OF 3. LALITA SAJJAN
KARNATAKA
AGE: 47 YEARS, OCC: OVERSEER,
RURAL DIVISION-I, GESCOM KALABURAGI,
R/O H.NO. 142, SHAKTI NAGAR,
KALABURAGI.
4. RAMESH YANKANNA
AGE: 50 YEARS, OCC: METER READER,
IN YADGIR SUB-DIVISION, GESCOM,
R/O NEAR MATA MANIKESHWAR NAGAR,
YADGIRI.
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WP No. 200273 of 2024
5. BANAPPA S/O SHANKRANNA SAMAL,
AGE: 50 YEARS, OCC: OVER SEAR,
SEDAM DIVISION, GESCOM, SEDAM,
BANAPPA SAMAL, UDAGI ROAD,
MAHANTESH BASAVESHWAR NAGAR,
NEAR LADY CLOUB, SEDAM, TQ. SEDAM,
DIST. KALABURAGI.
6. JAGANNATH S/O SAYABANNA NATIKAR,
AGE: 57 YEARS, OCC: OVER SEER,
KADAGANCHI SUB-DIVN. RURAL DIVISION-I,
GESCOM, R/O BOLANI POST DANNUR,
TQ. ALAND, DIST. KALABURAGI.
7. KANYAKUMARI
D/O PANDURANG HOSALE,
AGE: 40 YEARS, OCC: OPERATOR,
IN RSD SUB-DIVISION, RURAL DIVISION-I,
GESCOM, KALABURAGI,
R/O PLOT NO. 110, BHAVANI MANDIR,
SHAKTI NAGAR, KALABURAGI.
8. SIDRAM DEVANTAGI
S/O SHARANAPPA DEVANTAGI,
AGE: 47 YEARS, OCC: METER READER,
ALAND RURAL SUB-DIVISION GESCOM,
R/O. KAWALAGA, TQ. ALAND, DIST. KALABURAGI.
9. PRIYADARSHINI KORI
AGE: 45 YEARS, OCC: SUPERVISOR IN GESCOM,
RURAL DIVISION-I DW, KALABURAGI,
R/O KOTNOOR-D, KALABURAGI.
10. ARJUN S/O TUKARAM MARATHE
AGE: 48 YEARS, OCC: METER READER IN CSD-I,
CITY DIVISION, GESCOM KALABURAGI,
R/O MADIYAL, TQ. ALAND,DIST. KALABURAGI.
...PETITIONERS
(BY SRI P. VILAS KUMAR SENIOR COUNSEL FOR
SRI P.NITESH, ADVOCATE)
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WP No. 200273 of 2024
AND:
1. KARNATAKA POWER TRANSMISSION,
CORPORATION LIMITED
THROUGH ITS MANAGING DIRECTOR,
KAVERI BHAVAN,
K.G. ROAD, BENGALURU-09.
2. THE DIRECTOR
KARNATAKA POWER TRANSMISSION LIMITED,
(ADMINISTRATIVE AND HUMAN RESOURCES),
KAVERI BHAVAN, BENGALURU-09.
3. THE GULBARGA ELECTRICITY SUPPLY COMPANY LTD.
KALABURAGI, THROUGH ITS MANAGING DIRECTOR,
OPP. PARIWAR HOTEL, MAIN ROAD,
KALABURAGI-585102.
4. THE GENERAL MANAGER
THE GULBARGA ELECTRICITY SUPPLY,
COMPANY LTD., OPP. PARIWAR HOTEL, MAIN ROAD,
KALABURAGI-585102.
5. THE SUPERINTENDENT ENGINEER (V)
O AND M SUB-DIVISION, GESCOM,
NEAR KENDRIYA VIDYALAYA,
VAJAPEYI BADAVANE, KOTANOOR-D,
JEWARGI ROAD, KALABURAGI.
6. NAGAPPA KUMBAR S/O VEERANNA
AGE: 43 YEARS.
OCC: OPERATOR, CHITTAPUR SUB-DIVISION,
RAVOOR SECTION, GESCOM,
R/O. VARDHA NAGAR, NEAR PRAKRUTI SCHOOL,
KALABURAGI-585102.
7. MAHANTGOUDA S/O LINGANGOUDA
AGE: 40 YEARS, OCC: ASST. STORE KEEPER,
KPTCL STORES, KALABURAGI,
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WP No. 200273 of 2024
R/O L.B. NAGAR, SHASTRI NAGAR,
NEAR UNDER BRIDGE, OLD JEWARGI ROAD,
KALABURAGI-585102.
8. GUNDAPPA S/O VEERANNA
AGE: 43 YEARS, OCC: OVERSEE, CSD-3,
UNIT NO.17, GESCOM, KALABURAGI,
R/O MAHAGAON CROSS, TQ. KAMALAPUR,
DIST. KALABURAGI.
9. NAGARAJ S/O BASAWARAJ ALLAM
AGE: 38 YEARS, OCC: METER READER,
C & M DIVISION KALABURAGI,
GESCOM KALABURAGI(G-I STATION),
10. CHINNANNA S/O BASANNA
AGE: 55 YEARS, OCC: METER READER, CSD-3,
UNIT-8 KALABURAGI.
R/O H.NO.41 PRASHANT NAGAR-A,
RAJAPUR, KALABURAGI.
11. ABDUL LATIF S/O TOFIMIYA
AGE: 55 YEARS. OCC: OVER SEER,
110-KV MUSS WADI, TQ. CHITTAPUR,
R/O OLD JEWARGI ROAD, BEHIND P & T QUARTERS,
REHAMAT NAGAR, KALABURAGI-585102.
12. HUSSAIN SAB S/O BAVA SAB
AGE: 50 YEARS, OCC: OPERATOR,
SUB-DIVISION GURUMITAKL YADGIR GESCOM,
R/O STATION AREA, LADAGI GALLI, YADGIR-585202.
13. MALLIKARJUN S/O DODDAPPA
AGE: 43 YEARS, OCC: ASST. STORE KEEPER,
DIVISION OFFICE, YADGIR.
R/O OM NAGAR, HOSALLI ROAD, YADGIR-585202.
14. MALLIKARJUN S/O SHANKRAPPA
AGE: 40 YEARS, OCC: OPERATOR,
JEWARGI SUB-DIVISION, GESCOM,
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WP No. 200273 of 2024
R/O. LAKKAPPA LAYOUT, JEWARGI,
DIST. KALABURAGI.
15. DEVYA S/O SITARAM
AGE: 59 YEARS, OCC: METER READER,
GURMITKAL SUB-DIVISION YADGIR, GESCOM,
R/O. MUDNAL RAILWAY GATE, YADGIR-585202.
16. BASHEER AHMED
AGE: 49 YEARS, OCC: OVER SEER,
YADGIR DIVISION, GESCOM,
R/O. MAKKA MASJID COLONY,
HATTIKUNI ROAD, YADGIR-585202.
17. MANIK LAKSHMAN
AGE: 53 YEARS,
OCC: OPERATOR, CSD-3, COMPLAINT SECTION,
R/O. GHATAGE LAYOUT, KALABURAGI-585102.
18. BHAVANRAY BHIMSWHA NIMBAL
AGE: 52 YEARS, OCC: METER READER,
CSD-2 CITY DIVISION, KALABURAGI,
R/O. MADYAL VILLAGE, TQ. ALAND,
DIST. KALABURAGI.
19. JAI BHEEM S/O DEVANNA
AGE: 45 YEARS, OCC: METER READER,
SOUTH SECTION, RSD KALABURAGI,
R/O. NISARGA COLONY SHARAN SIRASAGI,
KALABURAGI-585102.
(RESPONDENTS NO. 12 TO 19 ARE IMPLEADED AS
RESPONDENTS AS PER ORDER OF HON'BLE COURT
DATED 26.02.2024.)
...RESPONDENTS
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE FOR,
R1 TO R5; (VK FILED ONLY R1 AND R2 )
SRI SUDARSHAN M., ADVOCATE FOR R4 AND R5;
SRI. R.J. BHUSARE, ADVOCATE FOR R6 TO R11;
SRI. A. M. NAGARAL, ADVOCATE FOR R12 TO R19)
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NC: 2024:KHC-K:5237
WP No. 200273 of 2024
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT OF CERTIORARI FOR QUASHING THE
CIRCULAR VIDE NO. PÀ«¥À椤/©16/EvÀgÉ-2/2014-15(©) DATED 13-07-
2022 WHICH IS AT ANNEXURE-F WHICH HAS BEEN PASSED
BY THE RESPONDENT NO. 2, CONSEQUENTLY QUASH THE
NOTIFICATION DATED 08-01-2024 PASSED BY THE
RESPONDENT NO. 5 VIDE NO. C.EA.(«)UÀÄ/G¯É¤/¯ÉC/¸À¯C
É /»¸À-1/08-09/91/
2023-24/cys-244 WHICH IS AT ANNEXURE-A. B) FURTHER,
THE HON'BLE COURT MAY BE PLEASED TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO NOT TO ACT
UPON THE CIRULAR/NOTCE DATED 08-01-2024 VIDE NO.
C.EA.(«)UÀÄ/G¯É¤/¯ÉC/¸À¯C
É /»¸À-1/08-09/91/2023-24/cys-244 WHICH IS AT
ANNEXURE-A. C) ISSUE ANY OTHER WRIT OR ORDER AS
DEEMED FIT BY THE HON'BLE COURT.
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED ON 15.07.2024, AND COMING ON FOR
PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE
THE FOLLOWING:
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WP No. 200273 of 2024
CORAM: THE HON'BLE MR. JUSTICE UMESH M ADIGA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) The Petitioners have filed this Writ Petition under Article 226 of the Constitution calling in question the Circulars issued by Respondent No. 1 bearing Circular No.Ka.Vi.Pra.Ni.Ni./B.16/etc-2/2014-15(B) dated 13th July, 2022 and also the writ of mandamus directing the Respondents not to act upon said Circulars.
2. The case of the Petitioners is that they have been appointed on various dates against permanent vacancy and all of them have been holder of ITI/ITC Certificates. (Though it is mentioned in the Petition that their qualification has been mentioned in detail in Annexure-A, however, the said Annexure-A does not reveal their respective qualifications. Petitioners have prepared Annexure-B, which shows that all the Petitioners have holding the Certificate in ITI/ITC).
3. It is the further case that the persons who have been appointed directly as Meter readers on the basis of -8- NC: 2024:KHC-K:5237 WP No. 200273 of 2024 qualifications of ITI/ITC, will be treated as technical category and the persons who were appointed as assistant linemen with the same qualification of ITI/ITC and who have been promoted as Meter readers, will be treated as non-technical category. They have further contended that the bifurcation of technical and non-technical category is based only on the direct recruitment to the post of Meter readers, overseers, storekeepers, etc., and promotees to the said cadre from the cadre of assistant linemen, etc., All the Petitioners are possessing educational qualification of ITI/ITC. However, they were initially appointed as assistant linemen and thereafter, promoted to different cadre and presently they are working in the cadre of Meter readers by virtue of the promotion.
4. It is further contended that from the cadre of Meter readers and overseers, etc., the next promotion would be to the post of Junior Engineer. For promotion to the said post, for technical category who are working as Meter readers, etc., are required to pass Lower Executive -9- NC: 2024:KHC-K:5237 WP No. 200273 of 2024 Examination being conducted by the respondents along with other requirements. This practice has been there since its inception. Incase of non-technical caegory are concerned, who are promoted to the post of Meter readers, overseers, operators, storekeepers are concerned, they need not pass Lower Executive Examination. However, these non-technical persons are required to appear for Mandatory Technical Training Programme-II, with other requirements.
5. As per the practice, till 2015, the technical hands falling in the category of Meter readers, etc., were appeared for Lower Executive Examination. The Respondent No.2 has unilaterally issued Circular dated 09.06.2015 doing away with the examination of lower executive examination in so far as non-technical category are concerned. By virtue of the said circular, they were getting promotion automatically without passing lower executive examination, which was earlier mandatory till 1998.
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6. All the petitioners have been appointed during the year 1998 and they have also taken the Mandatory Technical Training Programme-II in the year 2013. Hence, they were also eligible for getting the promotion to the post of Junior Engineer. However, by virtue of the Circulars issued by Respondent No.1 dated 10.05.2017, vide Annexure-D, the petitioners and other similarly situated persons have been called upon to pass the lower executive examination, which was nothing but change of service conditions. But similarly situated persons who belong to non-technical category have got the promotion without appearing for lower executive examination. This change of service condition was unilaterally taken by virtue of Circular issued by Respondent No.5 dated 19.07.2017 (Annexure-E). In view of the same, petitioner though senior by virtue of their date of appointment, could not get promotion. It is discrimination in promotion to the post of Junior Engineer from the cadre of technical and non-technical category. The anomaly has been crept in by
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 issuing Circular dated 13.07.2022 (Annexure-F). Therefore, the said circular is illegal.
7. Respondent Nos.1 to 5 by virtue of the circular dated 13.07.2022 prepared seniority list of technical and non-technical category as on 01.06.2022 (Annexure-G). The said seniority list discloses anomaly in the Rules/Circulars of Respondent Nos.1 to 5. Most juniors to the petitioners have become seniors in the seniority list only because of the Circular dated 13.07.2022, which is contrary to the Recruitment Rules, Regulations, and Provisions of the Constitution. With these reasons, petitioners have prayed for the reliefs as sought in the writ petition.
8. The contents of the petition are very vague and ambiguous. Once they contend that they are non- technical category, and in the next breath they contend that they are belonging to technical category. They are under confusion. It is not clear to them to which category they belong. However, it is a moot question to be
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 considered in this case as to whether petitioners are coming in the category of technical or non-technical as contended by them.
9. Initially, Respondent Nos.6 to 11 were not parties to the proceedings. They filed application I.A.No.2 of 2024 and got impleaded as parties in the present writ petition. Respondent Nos.1 to 16 did not file a counter. However, the case made out by Respondent Nos.6 to 16 could be borne out from the affidavit filed in support of I.A.No.2 of 24, i.e., application filed to implead them as parties, as well as in I.A.No.3 of 2024, which is filed for vacating the interim stay granted by this Court dated 29.01.2024.
10. It is the contention of Respondent Nos.6 to 16 that all the petitioners as well as Respondent Nos.6 to 16 were appointed as assistant linemen during the year 1998, 2003, and 2005 batch in Respondent-Corporation, on the basis of their qualification of ITI and ITC. Thereafter, Respondent Nos.6 to 16 were promoted as
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 linemen and thereafter, meter reader, overseer, assistant storekeeper, etc. Their promotion is as per the Regulations of C & R Rules of the Corporation. 35% of the post is reserved as per the Regulations for promotion from the cadre of meter reader, overseer, etc., to Junior Engineer Electrical and out of the said 35%, 17.5% of the post to be filled by way of promotion from the feeder cadre of meter readers, overseers, assistant storekeeper, etc., who are technically qualified, i.e., holder of Diploma/ITC/ITI on the basis of seniority cum merit and another condition is that they should pass executive lower examination. However, qualification for promotion to the cadre of Junior Engineer who were appointed to the post of assistant linemen with educational qualification of SSLC and thereafter, promoted to post of Meter Reader is different as stated in the Regulations. They had to undergo training and complete 15 years of service and out of that, they shall serve as meter readers for five years. Passing of executive lower examination was not necessary for them.
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11. They further contend that petitioners were appointed as assistant linemen on the basis of their qualification of ITI/ITC and hence, they come under the technical category. Their names have been appearing in the seniority list of technical category.
12. The remaining 17.5% of post have to be filled by way of promotion who are directly recruited for the post of meter readers, operators, overseers, etc., on the basis of prescribed qualification. For getting promotion as a Junior Engineer Electrical, they are required to possess ITI/ITC Certificate of 18/24 months course in electrician or telecommunication and/or electronic workshop. They should have put in 5 years of service as overseers/meter readers, etc., and should have passed the executive lower examination.
13. Though petitioners have contended that they are not required to pass executive lower examination for getting next promotion, but some of the petitioners have attended the executive lower examination conducted
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 by the respondent and some of the persons who had filed similar writ petition earlier, had passed through the exam and got promotion. Thereafter, the said writ petition was disposed as having became infructuous. Therefore, it clearly indicates that petitioners suppressing the true facts and with an intention to come in the way or create hurdle for the promotion of respondents, have filed this writ petition.
14. The respondents have also contended that the very same circular dated 13.07.2022 (Annexure-F) has been called in question in Writ Petition No.105366 of 2023 and other connected matters before this Court, at Dharwad Bench. The said matter was heard by the Co- ordinate Bench of High Court of Karnataka, Dharwad Bench and by order dated 21.12.2023, the said writ petition was dismissed. The matter involved in both the writ petitions are one and the same. Therefore, the questions raised by the petitioners in the present writ petition is not at all res-integra and hence, prayed for
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 dismissing the writ petition and vacating the stay granted in favour of the petitioners.
15. I have heard the arguments of learned Senior Counsel Shri Vilas Kumar and learned Counsels for Respondents.
16. During the course of the arguments, on 28.05.2024, the learned counsel for petitioners has submitted that petitioners are belonging to non-technical category and their promotion has to be considered on different footings. The category in which they are considered by Respondent Nos.1 to 5 is necessary. Hence, requested the Court to direct the Respondent Nos.1 to 5 to furnish information as to whether the petitioners were considered as technical category or non-technical category. In view of the said submission, direction was issued to the Respondent Nos.1 to 5 to file an affidavit in this regard.
17. Respondent Nos.2 to 5 have filed an affidavit; On 04.06.2024, the Superintendent Engineer,
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 Electrical and Appointing Authority, O & M Circle, GESCOM, Kalaburagi has sworn to an affidavit stating that all the petitioners fall under the category of "technical quota" and each one of them are holding ITI/ITC qualification. A certificate has also been enclosed to the affidavit certifying that each one of the petitioners have qualification of ITI/ITC and they have been considered as technical quota. There is no counter affidavit by the petitioners to the said affidavit filed by Respondent Nos.2 to 5.
18. The learned Senior Counsel has elaborated the above said facts stated in the petition and submitted that all the petitioners belong to non-technical category, they are not directly recruited to the post of meter readers. On the contrary, they were appointed as assistant linemen and thereafter, they were promoted as meter readers and hence, as per the Regulations, there is no need for them to appear for the executive lower examination and pass through it for the promotion to the post of junior engineer. The Circular issued by the
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 Respondent Nos.1 to 5 against the said Regulation is contrary to the law and hence, it needs to be quashed.
19. The learned Counsel for Respondent Nos.1 to 5 would submit that the petitioners though appointed to the cadre of assistant linemen, however at the time of their appointment, they had qualification of ITI/ITC Certificate. Since they had the said qualification, they would be considered as technical category as per the Regulation No.12. At the time of their appointment to the post of assistant linemen, if they had only qualification of SSLC or they did not have the Certificate of ITC or ITI and got appointed as assistant linemen, after acquiring the other qualifications or training, then in that event, they would be considered as non-technical category. As per the Regulations, the persons who have been appointed under the category of technical category, they shall attend a lower executive examination and pass through it for getting the promotion. All the petitioners did not pass through the said examination. Therefore, their names are
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 not shown in the seniority list of the non-technical category.
20. The Circular dated 13.07.2022 does not say anything contrary to the Regulations. On the contrary, it reminded all the units of Respondent Nos.2 to 5, to strictly follow the Regulations while considering the category of technical and non-technical and promotion to the post of junior engineer and hence, there is no illegality in the said notification or the seniority list prepared by the Respondent Nos.2 to 5 and hence, the petition itself is not maintainable and hence prayed for dismissing the same.
21. The first ground of attack of Respondent Nos.6 to 16 is that this matter is already covered by the judgment passed by the Co-ordinate Bench of this Court in Dharwad Bench wherein similar question was raised by some of the employees, who had qualification of the ITI/ITC and they were contending that they should be treated as non-technical category and promotion should be given to them without appearing through the Executive
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 Lower Examination and the Court after hearing both the parties, rejected their contention and dismissed the said writ petition. The Respondent Nos.6 to 16 have produced a copy of the order passed by the Co-ordinate Bench of this Court of Dharwad Bench in Writ Petition No.105366 of 2023 c/w Writ Petition Nos.104405 of 2022, 104601 of 2022, 104620 of 2023 dated 21.12.2023.
They would further submit that even in the provisional seniority list prepared by the Respondent Nos.3 to 5, names of petitioners were shown in the technical category. They did not file any objections to it. Thereafter, the Respondent Nos.3 to 5 have issued final seniority list and that was also not challenged by the petitioners and all the while, they have accepted that they are belonging to the technical category. They could not pass through the exam, therefore, they could not get the promotion. Hence, due to jealous that their junior colleagues, who passed the exam, would get the promotion, they filed this false writ petition and unnecessarily stalled the promotion
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 of Respondent Nos.6 to 16, who are the directly sufferers by the stay order granted by this Court.
22. From the contentions of both the parties, the moot question that arises in this case is whether the petitioners are coming under the category of 'technical' or 'non-technical?'
23. To consider this point, it is necessary to reproduce Regulation 12 of Karnataka Electricity Board Recruitment and Promotion Regulations (for short, Regulations) which reads as under:
Sl. Categoryofpost Cadre Method of MinimumQualification No Recruitment
12. JuniorEngineers Circle B.i)10%oftheposts to PROMOTION:
Elecl/StoreKeeper Wise be filled up by way of Gr.II. promotion from a) Should possess/acquire among in-service Diplomaqualificationin Meter Electrical/Mechanical/Elec readers/Operators/Ov tronics/Telecommunication erseers/Asst. Engineering of a Storekeepersonth Polytechnic of Karnataka.
ebasis of
seniority-cum- b) Should have put in a
merit through minimum service of ten
selection after years as Meter
interview by a reader/Operator/Overseer
committeeconstituted /Asst.srekeeper.
by the
Board. c) Should have passed
executive lower
examinationandKannada
language test or obtain
exemption from passing
Kannadalanguage test as
per regulations.
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WP No. 200273 of 2024
d) No age limit
isprescribed.
B)ii)35%ofpostsby
promotion
of
Overseers/Meter
Readers/Operators/As
-st. Store Keepers on
the basis of seniority-
cum-Merit.
Note: 1)Ratio for
promotion between
Diploma/ITCqualified
Meter
Readers/Operators/ov
erseers/Assistant
StoreKeepersand
Non-technically
qualified Meter
readers/Operators/Ov
erseers/Assistant
StoreKeepersshall
bemaintained at 1:1
ie.,
a)17.5%ofpostsby B) a) In the case of candidates
promotion who are having ITI Certificates of
oftechnically 18/24 months course in Electrician
qualifiedie., or Tele Communication and/or
Diploma/ITC, Electronics.
Meter
Readers/Operators/O i) Shouldhave putin5years of
verseers/Assistant service as
StoreKeepersonthe
basis of seniority- Overseer/Meter
cum-merit. Reader/Operator/Assistant
Store Keeper.
ii) Should have passedExecutive
Lowerex
amination and Kannada
Language Test orobtained
Exemption from passing
Kannada
Language test as per
regulations.
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WP No. 200273 of 2024
b) 17.5% of posts by b) In the case of Non-SSLC and
promotion of non- SSLC Meter Readers(but not as
technically qualified Meter Readers-cum-II Division
overseers/Meter Clerks) who have undergone
Readers training conducted by the test at
Operators/Assistant the end of the training.
Store Keepers on the
basis of seniority- i) Shouldhaveputinnot
cum-merit lessthan15yearsof
fromamong serviceoutofwhichthe
the employee should have
MeterReaders/ served a minimum 5
Operators/O years as Meter
verseers/Asst.Store Reader/Operator/Oversee
Keeperswhohave r/Assistant Store Keeper.
undergone training
conducted by ii) Shouldhave studiedup to
theBoard 10th standard.
and
havepassedth
etestatthe end of the
training.
iii)Should becapable ofpreparing
estimates and capabletodo
correspondence in
English.
iv)Should have knowledge of
Kannada to read and
write, to be assessed
through a report by an
official superior.
The above said Regulation makes it clear in
paragraph No.B(a) and B(b). B(a) is for the persons who are coming under the category of technical and B(b) is pertaining to candidates who are considered as non- technical category. The education qualification and experience/service in the cadre for technical and non- technical category are different. There is no necessity to
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 reproduce the same. The qualification required for promotion to the post of Junior Engineer Electrical from the cadre of meter reader is different to both technical and non-technical category of employees of GESCOM.
24. At the time of appointing the petitioners as assistant lineman or equivalent post in GESCOM, admittedly, they had qualification of ITC/ITI. Petitioners in the writ petition as well in the Annexure-B have stated that at the time of their appointment, they had certificate of ITI/ITC. Hence, their case falls under Regulation 12(B)(a). Hence, they are belonging to technical category. The submission of learned Senior Counsel for appellants that petitioners should be considered as non-technical category since they are not directly recruited to the post of meter reader and on the contrary, they got appointment as assistant linemen and thereafter, got promotions and came to the status of meter readers or equivalent post. The said submission is not acceptable and it is not in
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 accordance with the Regulation 12 of Karnataka Electricity Board Recruitment and Promotion Regulations
25. As rightly submitted by learned counsel for Respondent Nos.1 to 5, the Notification dated 13.07.2022 is nothing but directing concerned to follow the Regulation No.12 and not to misread the same and wrongly interpret the said Regulation as interpreted by the petitioners herein. It had not changed/modified or omitted the Recruitment Rules or Promotion Rules. The petitioners did not challenge the Regulation No.12 and on the contrary, they are challenging the Notification which was issued by the Respondents, to comply with Regulation No.12 referred supra.
26. According to Respondent Nos.6 to 16, GESCOM had prepared a provisional seniority list and called upon for objections by any persons aggrieved by the said seniority list, and the petitioners whose names were shown in the cadre of technical post, did not file any objections or requested the appointing authority to include
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 their name in the cadre of non-technical post. After waiting for seven days, respondent GESCOM prepared final seniority list and the said seniority list also has not been challenged by the petitioner herein. The Respondent/ GESCOM has issued Notification dated 08.01.2024, which is produced at Annexure-A by the petitioner, calling upon the concerned to furnish the requisites and opinions about the confidential reports. In the said list also, name of the petitioners has been mentioned in the list of technical posts. It appears that the petitioners themselves declared that since the said seniority list is not in accordance with the Regulations, therefore, it is illegal, and they did not challenge the same. Petitioners are not competent Authorities or Appellate Authorities to declare/decide that Annexure-A was illegal and there is no need to challenge the same. Hence, petitioner at present, cannot challenge the impugned Notification, which is nothing but reiteration of Regulation 12 and directing all the concerned to strictly comply with the said Regulations.
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024
27. Similar matters came up before the Co- ordinate Bench of this Court at Dharwad Bench in Writ Petition No.105366 of 2023 c/w Writ Petition Nos.104405 of 2022, 104601 of 2022, 104620 of 2023. The Co- ordinate Bench, after hearing both the parties passed Judgment/Order dated 21.12.2023 and held that the Notification dated 13.07.2022 is valid and the said judgment is said to be attained finality. Regulation No.12 is also valid. The Co-ordinate Bench of this Court has considered in detail about the said Regulation and held that the petitioner of that case misread the Regulation and writ petition was dismissed. The principle of law laid down in the said judgment is applicable to the present case. The matter is already decided by the competent Court. The petitioner should have looked into the said judgment before filing of this writ petition. Petitioners unable to explain as to why the law laid down by the Co-ordinate Bench of this Court is not applicable to this case. The moot question arose in this case for determination is
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 already covered by the above said judgment rendered by the Co-ordinate Bench of this Court.
28. In view of the above said reasons, there is no illegality in the Notification issued by the respondents dated 13.07.2022 and 08.01.2024. They are not illegal, arbitrary and capricious. They were issued long back during the year 1979 when the enactment was made by the competent authority. It does not ultravires the Constitution. Regulation No.12 of the Service Rules already defined regarding technical and non-technical category of employees at the time of their appointment to the post of assistant linemen, etc., cadre on the basis of their educational qualification. Petitioners had qualification of Certificate of ITC/ITI. Hence, they are technical category. Therefore, they have not disputed the seniority list both provisional and final. Throughout, the Respondent Nos.2 to 5 treated them as technical category and petitioners have accepted it without grievance. They have to pass the executive lower examination to get
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NC: 2024:KHC-K:5237 WP No. 200273 of 2024 promotion to the post of Junior Engineer. They were unable to pass the same and Respondent Nos.6 to 11 who were said to be appointed at the same time are said to be getting promotion. It was not tolerable to petitioners. Hence, they appear to be questioning their category as non-technical category and not technical category. Said contention is not at all tenable, in accordance with service law. Therefore, the writ petition deserves to be rejected. Accordingly, I pass the following:
ORDER Writ petition is dismissed.
Sd/-
JUDGE DH List No.: 2 Sl No.: 6 CT:PK