Smt. Suma. B vs The Director on 5 May, 2022

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Karnataka High Court

Smt. Suma. B vs The Director on 5 May, 2022

Bench: Hemant Chandangoudar

                             1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 5TH DAY OF MAY, 2022

                         BEFORE

     THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

            WRIT PETITION NO.8035/2022 (S-RES)

BETWEEN:

SMT. SUMA B
D/O. HARISHCHANDRA S.M.,
AGED ABOUT 35 YEARS,
NO. 66/11, KV, MUSS KATTIGE,
KPTCL, JEENAHALLI (P),
NYAMATI TALUK, DAVANGERE-577 223.
                                              ...PETITIONER
(BY SMT. VAISHALI HEGDE, ADVOCATE)

AND:

1.      THE DIRECTOR
        (ADMINISTRATION AND HUMAN RESOURCE)
        KARNATAKA POWER TRANSMISSION
        CORPORATION LTD.,
        KPTCL BOARD OFFICE,
        KAVERI BHAVAN, K.G. ROAD,
        BENGALURU-560 009.

2.      SUPERINTENDING ENGINEER (ELEC).,
        BESCOM, OPERATIONS AND MAINTENANCE,
        C, O AND M CIRCLE,
        DAVANAGERE-577 002.

3.      EXECUTIVE ENGINEER (ELEC).,
        TRAINING AND S.S. DEPARTMENT
        KARNATAKA POWER TRANSMISSION
        CORPORATION LTD.,
        DAVANAGERE-577 002.
                                           ...RESPONDENTS
                                  2



(BY SMT. SHUBHA S., ADVOCATE FOR R-1;
    SRI B.S. KARTHIKEYAN, ADVOCATE FOR R-2 AND R-3)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO
CONSIDER    THE   PROVISINAL    SENIORITY  LIST   AND
REPRESENTATION VIDE ANNEXURE-D AND F AND DIRECT THAT
THE PETITIONERS NAME BE INCLUDED IN THE SENIORITY LIST
FOR PROMOTION UNDER KALYANA/HYDERABAD KARNATAKA
REGION QUOTA.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THROUGH VIDEO
CONFERENCING/PHYSICAL HEARING, THE COURT MADE THE
FOLLOWING:
                       ORDER

The petitioner was appointed as Junior Engineer (Ele). and is presently working as in-charge Assistant Engineer (Ele). In pursuance of the circular dated 10.1.2022, the 1st respondent has published a provisional seniority list for the purpose of promotion to the post of Assistant Engineer (Ele). from the post of Junior Engineer (Ele). The petitioner submitted objections to the said provisional seniority list on 12.1.2022 and 17.3.2022 respectively stating that she is entitled for promotion under the Kalyana/Hyderabad Karnataka Region as specified under Article 371J of the Constitution of India.

2. The petitioner's grievance is that the respondents without considering the objections submitted by the petitioner 3 are proceeding to publish the final selection list for promotion to the post of Assistant Engineer (Ele).

3. The learned counsel appearing for respondents submits that the petitioner having not chosen to avail the option within the time specified is not entitled for promotion to the post of Assistant Engineer (Ele.)

4. Be that as it may, this Court cannot consider whether the petitioner is entitled for promotion to the post of Assistant Engineer (Ele.) for having not chosen the option within the time specified and it is for the respondents who are under an obligation to consider the objections submitted by the petitioner as to whether she is entitled for promotion under the Kalyana/Hyderabad Karnataka Region as specified under Article 371J of the Constitution of India.

5. The writ petition is disposed of directing the respondents to consider the representations dated 12.1.2022 at Annexure-F and dated 17.3.2022 at Annexure-J and pass appropriate order in accordance with law within a period of four weeks from the date of receipt of copy of this order. Till then, the respondents are hereby restrained from publishing the final 4 selection list for promotion to the post of Assistant Engineer (Ele.) Sd/-

JUDGE BKM

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