Karnataka High Court
Kakappa S/O Yallappa Madar vs The Managing Director on 21 December, 2023
WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 105366 OF 2023
C/W
WRIT PETITION NO.104405/2022
C/W
WRIT PETITION NO.104601/2022
C/W
WRIT PETITION NO.104620/2023
IN WP NO.105366/2023.
BETWEEN
1. ASHOK GHORPADE S/O. NAGALINGA RAO,
AGED ABOUT 50 YEARS,
RESIDING AT NO. 11, KPTCL QUARTERS,
MOKA ROAD, GANDHINAGAR,
BALLARI-583103, \WORKING AS METER
READER, SO-5, CSD-2, GESCOM, BALLARI.
2. PARVATHEESHA GOWDA B. M,
MOHANKUMAR
S/O. THIMMANAGOWDA,
B SHELAR
AGED 47 YEARS,
Digitally signed by
MOHANKUMAR B
SHELAR
RESIDING AT BRINDAVAN NAGAR,
Date: 2023.12.22
11:04:34 +0530
BESIDE BHARATIYA MILK PRODUCT,
MOKA KRISHNA HOUSE,
MOKA ROAD, BALLARI-583103,
WORKING AS METER READER,
SO-2, CSD-1, GESCOM, BALLARI.
3. BASAVANAGOWDA DESAI
S/O. KALLANAGOWDA,
AGED ABOUT 48 YEARS,
RESIDING AT RENUKASHRAMA,
WARD NO. 14, VIJAYAVITTALA NAGAR,
SIRUGUPPA-583121, BALLARI DISTRICT,
WORKING AS METER READER,
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SO-SIRIGERE CROSS, SIRUGUPPA
SUB DIVISION, GESCOM.
4. H. M. CHANDRAIAH
S/O. LATE H. BALASUNDARAM,
AGED ABOUT 49 YEARS,
RESIDING AT NEAR TIPPU SULTAN MASGID,
FORT, BALLARI-5831102,
WORKING AS METER READER,
SO-2, CSD-1, GESCOM, BALLARY.
5. MOHAMMED HANIF, S/O. LATE KASIM SAB,
AGED 45 YEARS, RESIDING AT NO. 4,
KPTCL QUARTERS, MOKA ROAD,
GANDHINAGAR, BALLARI-583103,
WORKING AS METER READER,
RSD, SO-PD HALLI, GESCOM, BALLARI.
...PETITIONERS
(By SRI. KISHAN G. S, ADVOCATE)
AND
1. THE MANAGING DIRECTOR,
KPTCL, CAUVERY BHAVAN,
K. G. ROAD, BANGALORE-560009.
2. THE DIRECTOR (ADMIN AND HR DEPT),
KPTCL, CAUVERY BHAVAN,
K. G. ROAD, BANGALORE 560009.
3. THE SUPERINTENDENT ENGINEER (ELECTRICAL)
O AND M, BALLARI CIRCLE, GESCOM,
MOTHI CIRCLE, BESIDE BUDA OFFICE,
BALLARI-583134.
4. MABUBASHA, S/O. LATE SUDAN BASHA,
AGED: 51 YEARS, OVERSEER,
O AND M SECTION, KOTTURU-1,
KUDLIGI SUB DIVISION,
VIJAYANAGARA-583134.
5. E. RAMESH, S/O. SANNA SHARANAPPA AA,
AGED 50 YEARS, METER READER,
O AND M SECTION, KOTTUR-2,
KUDLIGI SUB DIVISION,
VIJAYANAGARA-583134.
3
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6. R. SEETHARAMA NAIK,
S/O. R. REAVYA NAIK,
48 YEARS, METER READER, O AND M SECTION,
HAMPA SAGARA VILLAGE, RURA: SUB DIVIION,
HAGARIBOMMANAHALLI, VIJAYANAGARA-583214.
...RESPONDENTS
(By SRI. SHIVARAJ P. MUDHOL, ADV. FOR R1 AND R2,
SRI. B. S. KAMATE, ADV. FOR R3,
SRI. BASAVANAGOUD T, ADV. FOR R4 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED CIRCULAR BEARING
NO.KPTCL/B16/OTHERS-2/2014-15(B) DATED 13.07.2022 PASSED
BY THE RESPONDENT NO.2 (ANNEXURE-H) IN SO FAR AS THE
PETITIONERS HEREIN ARE CONCERNED IN THE GESCOM'S BALLARI
CIRCLE AND ISSUE A WRIT/DIRECTION TO THE RESPONDENTS TO
CONSIDER THE PETITIONERS HEREIN AS THEY COMING UNDER
NON-TECHNICALLY QUALIFIED CATEGORY AS PER THEIR OWN
EARLIER CLARIFICATION/CIRCULAR DATED 24.04.2019 (ANNEXURE-
D) AND ORDER FOR PROMOTION OF THE PETITIONERS UNDER
17.5% OF RESERVED QUOTA FOR NON-TECHNICALLY QUALIFIED
CATEGORY.
IN WP NO.104405/2022.
BETWEEN
1. DINESH HAALIGERI
S/O. VEERABHADRAPPA HAALIGERI,
AGED ABOUT 49 YEARS,
RESIDING AT PLOT NO.3, R.S NO. 65/E,
SHIVAJI LAYOUT, 2ND CROSS,
RNS ROAD, HUBBALLI-580024,
WORKING AS ASSISANT STORE KEEPER,
AT MAJOR WORKS DIVISIONAL STORE,
KPTCL, VIDYUTH NAGAR, KWR ROAD, HUBBALLI.
2. MOULASAB MULLA
S/O. MAHAMMADHUSIN MULLA
AGED ABOUT 51 YEARS,
RESIDING AT FLAT NO. 60, KEB LAYOUT,
KALSAPUR ROAD, GADAG-582101,
WORKING AS OVERSEER, NORTH
SECTION RURAL SUB DIVISION, GADAG.
4
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3. GURUSHANTAPPA SAMBRANI.
S/O. BASAVANNEPPA SAMBRANI
AGED ABOUT 52 YEARS,
RESIDING AT HOUSE NO.5,
SHRINIVAS NAGAR, NEAR SHIDDAROODH
MATH, HUBBALLI-580024, WORKING AS
OVERSEER, CHANUKYAPURI SECTION, CSD-2,
URBAN DIVISION HESCOM, HUBBALLI.
4. PRAKASH KOUJAGERI,
S/O BHEEMAPPA KOUJAGERI,
AGED ABOUT 49 YEARS,
RESIDING AT PLOT NO. 30, SHIGGAVI LAYOUT,
GANGI MADI ROAD, VALMIKI BHAVANA,
GADAG-582101, WORKING AS METER READER,
SO-1, CITY SUB-DIVISION, GADAG.
5. MOUNESH BADIGER S/O. ERAPPA BADIGER
AGED ABOUT 55 YEARS,
RESIDING AT HOLEALUR VILLAGE,
RON TALUK, GADAG DISTRICT-582203,
WORKING AS OVERSEER, 33/11, KV SUB
STATION, HOLEALUR, RON DIVISION.
6. HAJARESAB SHANAWAD
S/O. MAKTUMSAB SHANAWAD,
AGED ABOUT 54 YEARS,
RESIDING AT SOTAKANALA,
NAGANUR POST, NAVALAGUND TALUK,
DHARWAD-582208, WORKING AS
OVERSEER AND MR. URBAN SECTION
SUB DIVISION, NAVANAGUND.
7. SURESH P. MANDRE S/O. SURESH
PANDURANGA MANDRE,
AGED ABOUT 56 YEARS,
RESIDING AT JAVALAMBIKA NEELAYA,
NEAR NEW CDO JAIN SCHOOL,
RACHOTESHWAR NAGAR, GADAG-582101.
WORKING AS OVERSEER,
SO-2, CSD, HESCOM, GADAG.
8. VEERAPPA ANANDI S/O. YELLAPPA ANANDI
AGED ABOUT 47 YEARS,
RESIDING AT SOTAKNAL VILLAGE,
NAGANOOR POST, NAVALAGUND TALUK,
5
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DHARWAD DISTRICT-582208,
WORKING AS OVERSEER, NAVALAGUND
SUB DIVISION, RURAL SECTION.
9. VEERANAGOUDA PATIL
S/O. BHEEMANAGOUDA PATIL,
AGED ABOUT 52 YEARS,
HOUSE NO. 3105, 21-WARD,
MAHAVEER ROAD, NEAR-JAIN TEMPLEGE,
MUNDARGI-582118, WORKING AS
OVERSEER, SUB-DIVISION,
MUNDARGI DIVISION, GADAG.
10. MANJUNATH RAMACHANDRAPPA HULAGUR
S/O. RAMACHANDRAPPA,
AGED ABOUT 52 YEARS, RESIDING AT MIG-5,
KHB COLONY, NEAR HALAGANESH
KALYANAMANTAPPA, 1ST MAIN, VIDYAGIRI,
DHARWAD-580004, WORKING AS OPERATOR,
220KVSRS, HUBBALLI.
11. SMT. LALITHA KUMARI A. KOTIKALA
W/O. ARUN LAMADADE
AGED ABOUT 46 YEARS, RESIDING AT
H.NO. 251, JANATHA COLONY,
NEAR SAMUDAYA BHAVAN, KUSUGAL ROAD,
HUBLI-580023, WORKING AS OVERSEER,
KESHWAPUR SECTION, CITY SUB
DIVISION 1, HESCOM, HUBLI.
12. SHIVAPUTRAPPA GANTI
S/O. HANUMAPPA GANTI,
AGED ABOUT 48 YEARS,
RESIDING AT GAVISIDDESHWAR COLONY,
GOPANKOPPA, HUBBALLI-580023,
WORKING AS METER READER,
UDAYMNAGAR SECTION CSD-3,
HESCOM, HUBBALLI.
13. SRI. JAMBULINGAPPA,
S/O. LATE. SHIVANANDAPPA
AGED ABOUT 55 YEARS,
RESIDING AT NO.19, RANI CHENNAMMA
COLONY, HANUMANTHANAGAR,
HUBBALLI-580031, WORKING AS METER
6
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READER, SECTION OFFICE,
VISHWESHWARA NAGAR, HESCOM HUBBALLI.
...PETITIONERS
(By SRI. KISHAN G. S, ADVOCATE )
AND
1. THE MANAGING DIRECTOR,
KPTCL, CAUVERY BHAVAN,
K. G. ROAD, BANGALORE-560009.
2. THE DIRECTOR (ADMIN AND HR DEPT),
KPTCL, CAUVERY BHAVAN, K. G. ROAD,
BANGALORE-560009.
3. THE SUPERINTENDENT ENGINEER (ELECTRICAL),
O AND M, HUBBALLI CIRCLE, HESCOM,
SHIVAGANGA LAYOUT, KESHAVAPURA,
HUBBALLI-580023.
4. MALLIKARJU SHIVAPPA MUDHOL,
AGED 40 YEARS, HESCOM EMPLOYEE,
RESIDING AT H. T. KULKARNI BADAVANE
KARANTH PLOT, RAJIV GANDHI NAGAR,
GADAG-582101.
5. MAHESH KUMAR SHIVAJI HEBBALLI,
AGED 40, HESCOM EMPLOYEE,
R/AT: 7TH CROSS, HANMANTH NAGAR,
SHIVAPARVATHI NAGAR, DHARWAD-580007.
6. RAJENDRA THIPPANSA DHONGADI,
AGED 37, HESCOM EMPLOYEE,
R/AT 11TH CROSS, GANESH COLONY,
NEKAR NAGAR, ID HUBLI-580024.
7. MAHANTAYYA SOMASHEKHARAYYA
KUMARKIMATH, 59 YEARS, HESCOM EMPLOYEE,
R/AT KIRLOSKAR HOUSING SOCIETY,
VIDYANAGAR, HUBLI-560031.
...RESPONDENTS
(BY SRI. SHIVARAJ P. MUDHOL, ADV. FOR R1TO R3,
SRI. R. M. JAVED, ADV. FOR R4 TO R7)
7
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED CIRCULAR BEARING NO.
KPTCL/B16 OTHERS -2/2014-15(B) DATED 13.07.2022 PASSED BY
THE RESPONDENT NO. 2 (ANNEXURE-G) IN SO FAR AS THE
PETITIONERS HEREIN ARE CONCERNED AND ISSUE A WRIT
/DIRECTION TO THE RESPONDENTS TO CONSIDER THE PETITIONER
HEREIN AS THEY COMING UNDER NON-TECHNICALLY QUALIFIED
CATEGORY AS PER THEIR OWN EARLIER CIRCULAR DATED
24.04.2019 ( ANNEXURE-C) AND ORDER FOR PROMOTION OF THE
PETITIONERS UNDER 17.5% OF RESERVED QUOTA FOR "NON-
TECHNICALLY" QUALIFIED CATEGORY.
IN WP NO.104601/2023.
BETWEEN
1. SHRI. HANAMANTAPPA S/O. TIMMAREDDY,
AGE: 51 YEARS, OCC: IN CHARGE SECTION
OFFICER (O AND M), GULBARGA ELECTRICITY
SUPPLY COMPANY LTD, (GESCOM),
HIREVENKALAKUNTA SUB DIVISION,
HIREVANKALAKUNTA-583237,
TQ: YELBURGA, DIST: KOPPAL.
2. SHRI. VIJAYKUMAR S/O. ISHWARAPPA CHIKKOPPA,
AGE: 51 YEARS, OCC: OPERATOR,
GULBARGA ELECTRICITY SUPPLY COMPANY LTD,
(GESCOM), 33/11KV MUSS STATION, TALKAL
AND INCHARGE SECTION OFFICER,
SECTION OFFICE ITAGI 583232
TQ. KUKANOOR, DIST. KOPPAL.
3. SHRI CHANDRAKANT S/O. PANDURANG GNANAMOTE
AGE: 52 YEARS, OCC: OVERSEER,
GULBARGA ELECTRICITY SUPPLY COMPANY LTD,
(GESCOM), KUSHTAGI SUB DIVISION,
KUSHTAGI-583277, TQ. KUSHTAGI, DIST. KOPPAL.
4. SHRI SANGAPPA S/O HANAMAPPA NIDAGUNDI
AGE: 47 YEARS, OCC. OVERSEER,
GULBARGA ELECTRICITY SUPPLY COMPANY LTD,
(GESCOM), SECTION-I, SUB DIVISION,
GESCOM, KOPPAL -58320, TQ./DIST. KOPPAL.
...PETITIONERS
(BY SRI. SABEEL AHMED, ADVOCATE)
8
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AND
1. THE MANAGING DIRECTOR,
KARNATAKA POWER TRANSMISSION
COMPANY LIMITED (KPTCL),
CAUVERY BHAVAN, BENGALURU-560009.
2. THE DIRECTOR,
ADMINISTRATION AND HUMAN RESOURCE
DEVELOPMENT, KPTCL, CAUVERY BHAVAN,
BENGALURU-560009.
3. THE DEPUTY GENERAL MANAGER AND
MEMBER SECRETARY, DEPARTMENTAL
EXAMINATION BOARD, KPTCL, CAUVERY BHAVAN,
BENGALURU-560009.
4. THE MANAGING DIRECTOR,
GULBARGA ELECTRICITY SUPPLY
COMPANY LTD, (GESCOM),
KALABURAGI 585102.
5. THE SUPERINTENDENT ENGINEER,
(ELECTRICAL), OFFICE AND MAINTENENANCE
(O AND M) CIRCLE, GESCOM, RAICHUR,
TQ/DIST: RAICHUR 584101.
6. THE SUPERINTENDENT ENGINEER (ELECTRICAL)
OFFICE AND MAINTENENANCE (O AND M) CIRCLE,
GESCOM, KOPPAL, TQ/DIST: KOPPAL-583231.
7. THE EXECUTIVE ENGINER (ELECTRICAL),
O AND M DIVISION, GESCOM, KOPPAL 583231.
8. THE ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL)
O AND M SUB DIVISION (GESCOM),
YELBURGA-583236, TQ. YELBURGA, DIST: KOPPAL.
9. THE SUPERINTENDENT ENGINEER (ELCL),
& MEMBER DEPARTMENT PROMOTION COMMITTEE
(DPC) KPTCL, CIRCLE, MUNIRABA-583211,
TQ: KOPPAL, DIST: KOPPAL.
...RESPONDENTS
(BY SRI. B. S. KAMATE, ADV. FOR R1 TO R9,
VAKALATH FILED FOR R1 TO R4 & R6 TO R9)
9
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT OF
CERTIORARI OR ANY OTHER ORDER OR DIRECTION QUASHING THE
IMPUGNED CIRCULAR DATED 13.07.2022 ISSUED BY THE
RESPONDENT NO.2 IN NO. KAVIPRANINI/BI-16/ITARE-2/2014-
15(BI) AS PER ANNEXURE-G AND THE IMPUGNED ENDORSEMENT
DATED 22.09.2022 ISSUED BY THE RESPONDENT NO. 6 IN NO.
AEM(VI)/ULENI/LAYAA/SALEA/HISA(SI)/K-2022-2023/2743-45 AS
PER ANNEXURE-M AND THE IMPUGNED FINAL SENIORITY LIST
DATED 18.10.2022 ISSUED BY THE RESPONDENT NO. 6 IN NO. IN
NO. AEM(VI)/ULENI/LAYAA/SALEA/HISA(SI)/K-2022-2023/3215-16
AS PER ANNEXURE-N AND ISSUE WRIT OF MANDAMUS OR ANY
OTHER ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO
TREAT THE PETITIONERS AS THE EMPLOYEES BELONGING TO THE
NON-TECHNICAL CATEGORY/QUOTA BY CONSIDERING THE
REPRESENTATIONS/OBJECTIONS DATED 01-08-2022, 20-09-2022
SUBMITTED BY THE PETITIONER NO.1 AND PETITIONERS NO.1 TO 4
AS PER ANNEXURE-H, K AND L AND FURTHER TO SANCTION THE
PROMOTIONS TO THE PETITIONERS TO THE POST OF JUNIOR
ENGINEER WITH ALL CONSEQUENTIAL BENEFITS.
IN WP NO.104620/2023.
BETWEEN
KAKAPPA S/O. YALLAPPA MADAR
AGE: 45 YEARS, OCC. OVERSEER
HESCOM KULGERI, BAGALKOT
DIVISION, TQ. BADAMI,
DIST. BAGALKOT
...PETITIONER
(BY SRI. SABEEL AHMED, ADVOCATE)
AND
1. THE MANAGING DIRECTOR,
KARNATAKA POWER TRANSMISSION
COMPANY LIMITED (KPTCL),
CAUVERY BHAVAN, BENGALURU 560009.
2. THE DIRECTOR,
ADMINISTRATION AND HUMAN RESOURCE
DEVELOMENT, KPTC, CAUVERY BHAVAN,
K. G. ROAD, BENGALURU-560009.
3. THE MANAGING DIRECTOR
10
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HUBBALLI ELECTRICITY SUPPLY COMPANY LTD,
(HESCOM), HUBBALLI 580020.
4. THE SUPERINTENDENT ENGINEER (ELECTRICAL)
OFFICE AND MAINTENANCE (O AND M) CIRCLE,
HESCOM, BAGALKOT,
TQ/DIST. BAGALKOT 587101.
5. THE EXECUTIVE ENGINEER (ELECTRICAL),
O & M DIVISION, HESCOM, BAGALKOT-587101.
RESPONDENTS
(BY SRI. SHIVARAJ P. MUDHOL, ADV. FOR R1 TO R4,
SRI. RAMESH I. ZIRALI, ADV. FOR R3 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT OF
CERTIORARI OR ANY OTHER ORDER OR DIRECTION QUASHING THE
IMPUGNED CIRCULAR DATED 13.07.2022 ISSUED BY THE
RESPONDENT NO. 2 IN NO. KAVIPRANINI/B16/ITARE-2/2014-15(B)
AS PER ANNEXURE-H AND THE IMPUGNED FINAL SENIORITY LIST
BEARING NO. MR.O/S.ASK/OPRT/TECHNICAL) DATED 30.09.2022
ISSUED BY THE RESPONDENT NO. 4 AS PER ANNEXURE-J AND
ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION,
DIRECTING THE RESPONDENTS TO TREAT THE PETITIONERS AS THE
EMPLOYEES BELONGING TO THE NON-TECHNICAL CATEGORY/
QUOTA AND FURTHER TO SANCTION THE PROMOTIONS TO THE
PETITIONERS TO THE POST OF JUNIOR ENGINEER WITH ALL
CONSEQUENTIAL BENEFITS.
THESE WRIT PETITIONS ARE HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 14.12.2023, COMING ON FOR
PRONOUNCEMENT FOR ORDER, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. With the consent of both parties, considering the
nature of the dispute and the urgency, the writ petitions are
heard on merits for final disposal, though listed for orders on
interim application.
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2. The petitions call for interpretation of the provisions
of Karnataka Electricity Board Recruitment and Promotion
Regulations, Employees(Probation) Regulations and Employees
(Seniority) Regulations (For short 'Regulations') relating to the
promotion of employees of third respondent to the post of
Junior Engineer from the cadre of Meter Readers/ Operators/
Overseers/Assistant Store Keepers.
3. The petitioners are before this Court on the premise
that the employees in the cadre of Meter Readers/ Operators/
Overseers/Assistant Store Keepers can be classified in the
technical category only if they are appointed to the said posts
by direct recruitment. If the employees are promoted to the
cadre of Overseers/Meter Readers/Operators/Assistant Store
Keepers, then such promoted employees have to be considered
for promotion to the post of Junior Engineers, under non-
technical category.
4. Admittedly, the petitioners are the employees of
respondent No.3. The petitioners were appointed as Assistant
Linemen in the year 1998. Serial No.7 in Group-III of the chart
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in the Regulations, prescribes the qualifications for direct
appointment to the post of an Assistant Lineman. For such
direct recruitment, one should possess;
(i) a certificate in Lineman Trade issued by The
Karnataka Electricity Board Training Institute
or
(ii) a certificate of 18/24 months course in
electrician or Telecommunication or
Electronics from the Government Industrial
Training Institute or Centre.
In addition, certain other qualifications are prescribed
and they are not relevant for the discussion.
5. The petitioners do possess the prescribed certificate
from Industrial Training Institute. The petitioners have also
completed a minimum five years of service as Overseers/Meter
Readers/Operators/Assistant Store Keepers after being
promoted from various cadres. Thus, according to the
petitioners, as per the qualifications prescribed at Serial No. 12
(B) (ii) (b) of Chapter VI of the Regulations, they are eligible
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for promotion to the post of Junior Engineer from the cadre of
non-technically qualified employees.
6. Since the petitioners are classified in the ''technical
category'' under Sl. No.12(B)(ii)(a) of the Regulation, in the
seniority list published, the petitioners are before this Court
with a prayer to quash the seniority list and seek a mandamus
to re-do the seniority list by considering the petitioners in the
category of ''non-technical'' employees.
7. The learned counsel for the petitioners Sri Kishan G
S in support of his contention would submit Serial No. 12
(B)(ii)(a) of the Regulation, which provides for 17.5%
reservation to the post of Junior Engineers to be filled by
promotion, from the cadre of Meter Readers/Operators/
Overseers/Assistant Store Keepers, with minimum five years'
service in the said cadre is applicable only to directly recruited.
to the post of Meter Readers/Operators/Overseers/Assistant
Store Keepers. Elaborating further, he refers to column No.5 in
serial No.12 of the Regulations, and submits that the minimum
qualification prescribed therein is five years of experience as
Meter Readers/Operators/ Overseers/ Assistant Store Keepers.
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It is urged that directly appointed Overseers/Meter
Readers/Operators/Assistant Store Keepers will complete five
years' service in the said cadre immediately after completion of
five years' from the date of joining the service and they will
become eligible for promotion to the post of Junior Engineer.
However, the employees who are promoted to the cadre of
Meter Readers/Operators/Overseers/Assistant Store Keepers
who have spent many years in service before being promoted
as Overseers/Meter Readers/Operators/Assistant Store Keepers
will have to spend another five years in the said cadre to be
eligible for promotion. Thus he would contend that Sl.
No.12(B)(ii)(a) of the Regulation is not applicable to the
petitioners as they are not directly recruited to the cadre of
Overseers/Meter Readers/Operators/Assistant Store Keepers.
To justify his contention, he would point out to Serial No.12
(B)(ii) (b) of the Regulations, which prescribes not less than
15 years of service, and out of the said 15 years, a
minimum of 5 years of service in the cadre of Meter
Readers/Operators/Overseers/ Assistant Store Keepers.
Referring to these factors, it is urged that the employees who
are promoted to the cadre of Meter
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Readers/Operators/Overseers/Assistant Store Keepers are non-
technical category employees.
8. It is also urged that merely because the petitioners
possessed an Industrial Training Certificate, they cannot be
classified as technically qualified employees for promotion to
the post of Junior Engineer.
9. It is further urged that the respondents understood
the Regulations in the same manner all these years, and
treated them as one coming under the non-technical category.
However, in terms of impugned order, the employer took a 'U'
turn and wrongly classified the petitioners under the technically
qualified category.
10. The learned counsel for the petitioners would point
out the instances where the applications filed by some of the
petitioners to appear for the Executive Lower Examination
which is the examination prescribed for the technical category
employees, are rejected on the premise that the petitioners are
coming under the non-technical category. He would also point
out that the petitioners were allowed to undergo pre-
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
promotional training and the petitioners have cleared the pre-
promotional training examination which is prescribed only for
employees coming under the non-technical category.
11. It is also urged because of all these acts and
decisions of the employer, the petitioners' legitimately expected
that they would be considered for promotion to the post of
Junior Engineers from the non-technical category. Thus, it is
urged that the impugned order is to be quashed and the
seniority list is to be re-done by treating the petitioners as a
non-technically qualified category.
12. The learned counsel for respondents No.1 and 2, Sri
Shivraj Mudhol would urge that the petitioners are not qualified
to claim promotion from the non-technical category as the
petitioners have a certificate in Industrial Training. The said
certificate is a pre-requisite qualification for joining the service
as an Assistant Lineman. Once an employee possesses a
certificate in Diploma or Industrial training (Referred to as ITC
in the Regulations) he has to be considered under the technical
category under Serial No. 12 (B) (ii) (a) of the Regulation, if he
is working in the cadre of Overseers/Meter
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104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
Readers/Operators/Assistant Store Keepers and seeks
promotion to the post of Junior Engineer.
13. It is also his contention that in some of the circles
falling under respondent No.1, the technical category
employees were wrongly classified as non-technical category
employees and the said misreading of the Regulations, cannot
be perpetuated and the employer is justified in treating the
petitioners in the technical category.
14. It is further urged that the writ petitions are not
maintainable as all the employees who have been included in
the final seniority list prepared by the employer are not parties
to the proceedings.
15. Sri. B.S.Kamate, the learned counsel appearing for
respondent No.3 would submit that the impugned circular is not
the circular changing the Regulations applicable to the
employees of the respondent-Corporation. It is only an exercise
where the existing Regulations are implemented as they should
be.
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
16. Learned counsel Sri Basavanagoud T, for
respondents No.4 to 6 whose names appear in the seniority list
would submit that the petitioners themselves have admitted
that they belonged to the technical category and have
appeared for the examination which is meant for technical
category employees and have failed in the said examination as
such have no locus to file the petition.
17. The moot question that needs to be answered is;
whether the petitioners who joined the service under the third
respondent as Assistant Linemen, with a certificate in Industrial
Training, on being promoted as Overseers/Meter
Readers/Operators/Assistant Store Keepers, can be considered
as a non-technical category employees under Serial No.12 (B)
(ii) (b) for considering their claim for promotion to the post of
Junior Engineers, instead of technical category meant for
Diploma/ITC holders as per Sl. No.12(B)(ii)(a) of the
Regulations.
18. The relevant portion of the Regulations is extracted
here:-
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104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
Sl. Category of post Cadre Method of Minimum Qualification
No Recruitment
12. Junior Engineers Circle B. i) 10% of the posts PROMOTION:
Elecl/Store Wise to be filled up by way
Keeper Gr.II. of promotion from a) Should possess/acquire
among in-service Diploma qualification in
Meter Electrical/Mechanical/Elec
readers/Operators/Ov tronics/Telecommunicatio
erseers/Asst. Store n Engineering of a
keepers on the basis Polytechnic of Karnataka.
of seniority-cum-
merit through b) Should have put in a
selection after minimum service of ten
interview by a years as Meter
committee reader/Operator/Overseer
constituted by the /Asst.sre keeper.
Board.
c) Should have passed
executive lower
examination and Kannada
language test or obtain
exemption from passing
Kannada language test as
per regulations.
d) No age limit is
prescribed.
B) ii) 35% of posts by
promotion of
Overseers/Meter
Readers/Operators/As
-st. Store Keepers on
the basis of seniority-
cum-Merit.
Note: 1)Ratio for
promotion between
Diploma/ITC qualified
Meter
Readers/Operators/ov
erseers/Assistant
Store Keepers and
Non-technically
qualified Meter
readers/Operators/Ov
erseers/Assistant
Store Keepers shall
be maintained at 1:1
ie.,
a)17.5% of posts by B) a) In the case of candidates
promotion of who are having ITI Certificates of
technically qualified 18/24 months course in Electrician
ie., Diploma/ITC, or Tele Communication and/or
Meter Electronics.
Readers/Operators/O
verseers/Assistant i) Should have put in 5 years
Store Keepers on the of service as
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104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
basis of seniority- Overseer/Meter
cum-merit. Reader/Operator/Assistant
Store Keeper.
ii) Should have passed
Executive Lower
examination and Kannada
Language Test or
obtained Exemption from
passing Kannada
Language test as per
regulations.
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) Should have put in not
cum-merit from less than 15 years of
among the Meter service out of which the
Readers/Operators/O employee should have
verseers/Asst.Store served a minimum 5
Keepers who have years as Meter
undergone training Reader/Operator/Oversee
conducted by the r/Assistant Store Keeper.
Board and have
passed the test at the ii) Should have studied up to
end of the training. 10th standard.
iii) Should be capable of
preparing estimates and
capable to do
correspondence in
English.
iv) Should have knowledge of
Kannada to read and
write, to be assessed
through a report by an
official superior.
19. As can be noticed from the relevant portion of the
Regulations extracted above, 35% of the posts in the cadre of
Junior Engineers are to be filled by promotion of Overseers/
Meter Readers/ Operators/ Assistant Store Keepers based on
seniority-cum-merit.
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
20. Out of 35% of the posts to be filled as aforesaid,
17.5% of the posts are to be filled by way of promotion from
technically qualified Meter Readers/Operators/
Overseers/Assistant Store Keepers based on seniority-cum-
merit. The remaining 17.5% of the posts are to be filled by
promotion of non-technically qualified Overseers/Meter
Readers/Operators/Assistant Store Keepers based on seniority-
cum-merit.
21. Serial No.12 (B) (ii) of the Regulations referred to
above deals with 35% reservation. The note to the said
Regulation reads as under:-
Note: 1) Ratio for promotion between Diploma/ITC qualified
Meter Readers/Operators/Overseers/Assistant Store Keepers
and Non-technically qualified Meter
readers/Operators/Overseers/Assistant Store Keepers shall be
maintained at 1:1 i.e.,
a) 17.5% of posts by promotion of technically qualified i.e.,
Diploma/ITC, Meter Readers/Operators/Overseers/Assistant
Store Keepers on the basis of seniority-cum-merit.
(emphasis supplied)
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
b) 17.5% of posts by promotion of non-technically qualified
/Overseers/Meter Readers/Operators/Assistant Store Keepers
on the basis of seniority-cum-merit from among the Meter
Readers/Operators/Overseers/Assistant Store Keepers who
have undergone training conducted by the Board and have
passed the test at the end of the training.
22. The expression "technically qualified" found in
column No.4 of Sl. No.12(B)(ii)(a) of the Regulations is
explained as "Diploma/ITC". The minimum qualifications
prescribed are a certificate with 18/24 months course from the
Industrial Training Institute and a 5 years' minimum service as
Meter Readers/Operators/Overseers/Assistant Store Keepers.
23. In contrast, under Sl. No.12 (B)(ii)(b) of the
Regulations remaining 17.5% of the posts which are to be filled
by the promotion of non-technically qualified Meter
Readers/Operators/Overseers/Assistant Store Keepers, the
expression 'non-technically qualified' is not explained.
However, the minimum qualification for non-technically
qualified is prescribed. It is not less than 15 years of service,
out of which, a minimum of 5 years of service must be in the
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
cadre of Meter Readers/Operators/Overseers/Assistant Store
Keepers.
24. On a careful reading of the Regulations, it is evident
that the distinction between technical and non-technical
categories is made based on educational qualification. The
petitioners' contention is that the classification is to be
understood with reference to minimum years of service
prescribed and not with respect to the educational qualification
prescribed.
25. On a plain reading of the Regulations, what is
apparent is the employee in the cadre of Meter
Readers/Operators/Overseers/Assistant Store Keepers has a
Certificate from the Industrial Training Institute for having
completed a course of either 18 or 24 months, then he is
classified as a technically qualified employee. Such an
employee who has put in 5 years of minimum service in the
said cadre of Meter Readers/Operators/Overseers/Assistant
Store Keepers, subject to other qualifications fulfilled, will be
eligible for promotion to the post of Junior Engineer under the
technical category.
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
26. Likewise, an employee who is working as Meter
Readers/Operators/Overseers/Assistant Store Keepers without
a certificate from the Industrial Training Institute and with
some other prescribed certificate like (Lineman Trade certificate
as prescribed in the Regulation), subject to other qualifications
fulfilled will be eligible for promotion under the non-technical
category.
27. Hence, what is apparent is even among the
employees who are appointed as Assistant Linemen and later
promoted to the cadre of Meter
Readers/Operators/Overseers/Assistant Store Keepers, the
Regulation makes a distinction among the employees in the
said cadre with an Industrial Training Certificate and those
without an Industrial Training Certificate. The employees with
Industrial Training Certificate are classified as Technical
category and one without as non-technical category.
28. The petitioners contend that the impugned circular
placing the petitioners in the technical category in view of a
certificate in Industrial Training leads to injustice. The reason
according to the petitioners is, directly recruited employees in
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
the cadre of Meter Readers/Operators/Overseers/Assistant
Store Keepers will be eligible for promotion immediately after
completion of 5 years of appointment whereas the employees
who are promoted to the said cadre after serving many years in
different cadres, again have to complete the service of
minimum 5 years in the said cadre to be eligible for promotion.
Thus, in substance the petitioners grievance seems to be on the
premise that the petitioners are placed among directly recruited
Meter Readers/Operators/Overseers/Assistant Store Keepers or
among un-equals while considering for promotion.
29. The question is whether the Court can read the
Regulation in the manner suggested by the petitioners. The
normal rule of construction and interpretation is that the plain
and grammatical meaning is to be attached to the extent
possible, while interpreting any law or a provision of law. If
such an interpretation is impermissible, and if it leads to
absurdity, then the there can be a departure from the normal
rule. However, even to adapt such procedure other conditions
are to be fulfilled.
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
30. It is to be noticed that the Regulation recognises
the employees with Industrial Training Certificate as a different
class when it comes to promotion to the post of Junior
Engineers from the cadre of Meter
Readers/Operators/Overseers/Assistant Store Keepers. This is
apparent from the qualification prescribed for promotion. As
can be seen from Regulation 12(B)(ii)(b) referred to above,
after serving in the cadre of Meter
Readers/Operators/Overseers/Assistant Store Keepers for five
years the employees in the said cadre will be eligible for
promotion. However, the Assistant Linemen who are promoted
to the cadre of Meter Readers/Operators/Overseers/Assistant
Store Keepers without a certificate in Industrial Training will
have to complete 15 years of service with minimum five years
of service in the cadre of Meter
Readers/Operators/Overseers/Assistant Store Keepers. Thus,
there is an apparent benefit available to the Assistant Linemen
with Industrial Training Certificate who are promoted to the
cadre of Meter Readers/Operators/Overseers/Assistant Store
Keepers in the sense those employees need not wait for
completion of 15 years service for being eligible to promotion.
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
31. The interpretation suggested by the petitioners in
substance amounts to re-writing the Regulations as the
petitioners seek to read the words 'directly appointed' or any
other equivalent qualifying words or expressions before the
expression ''Meter Readers/Operators/Overseers/Assistant
Store Keepers'' used in Serial No.12 (B)(ii)(a) of the
Regulations.
32. In addition to that, if petitioners' interpretation is
adapted, the expression, ''Technically qualified i.e.,
Diploma/ITC'' appearing Serial No.12 (B)(ii)(a) becomes
redundant. The interpretation which makes certain expressions
in a provision redundant cannot be accepted unless there is
challenge to the vires of the provision.
33. The contention of the petitioners if accepted
amounts to reading down the provision. It is also relevant to
note that the vires of the Regulations or any portion of it,
applicable to the appointment to the post of Junior Engineer by
way of promotion is not under challenge. Unless vires of such
provision is under challenge, the provision cannot be read down
to mean that the said Regulations at Sl. No.12(B)(ii) (a) is
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
applicable only to directly appointed Meter
Readers/Operators/Overseers/Assistant Store Keepers.
34. The qualification prescribed for Assistant Lineman
by direct recruitment is a certificate in Lineman Trade issued by
the KEB Training Institute or ITI Certificate of 18/24 months
course in Electrician or Telecommunication or electronics from
the Government Industrial Training Institute or Centre in
addition to other qualifications. When the petitioners were
appointed in 1998, the minimum qualification prescribed was a
certificate of 18/24 months course from ITI after 10th Standard
or a certificate in "Lineman Trade" issued by the Karnataka
Electricity Board.
35. It is relevant to note that the certificate in Lineman
Trade is not recognised in Sl. No.12(B)(ii)(a) of the Regulations
while classifying the technically qualified employees. What is
recognised is Diploma/Certificate from Industrial Training
Centre of 18/24 months duration.
36. Sl. No.12(B)(ii)(b) of the Regulations referred to
above provides for 17.5% reservation to the employees in the
cadre of technically qualified meter readers for promotion to
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
the post of Junior Engineer. The second category reserved for
promotion to the post of Junior Engineer is for not technical
category of meter readers as the expression non technically
qualified is found in the Regulation. If the petitioners'
contention is that the employees who joined the service as
Assistant Lineman with a certificate from Industrial Training
Centre are to be excluded from technical category and are to
be placed in non-technical category, then the Court has to
ignore the expression "In the case of candidates who are
having ITI certificates of 18/24 months course in Electrician or
Telecommunication and/or Electronics" in Coloumn No.5 of the
chart at Sl. No.12(B)(ii)(a).
37. The counsel for the petitioners also contend that
the Regulation in discussion should be pragmatically considered
to ensure equal representation of directly recruited Meter
Readers/Operators/Overseers/Assistant Store Keepers and the
promotee Meter Readers/Operators/Overseers/Assistant Store
Keepers. As already observed the validity of Regulation is not
under challenge. Thus it is not possible to read the Regulation
in a way different from what appears from a plain reading.
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
38. It is also urged that in the year 2002, the
qualification prescribed for appointment of Lineman by way of
direct recruitment is changed and a certificate from Industrial
Training Institute is not prescribed. Thus, it is urged that the
petitioner cannot be classified in technical category as there is
an amendment to the Regulation. Though, there is an
amendment to the Regulation prescribing minimum
qualification for appointment of Assistant Lineman by way of
direct recruitment, and the certificate from Industrial Training
Institute is dispensed with, the Regulation at Sl. No.12(B)(ii)(a)
is not amended to bring technically qualified Meter
Readers/Operators/Overseers/Assistant Store Keepers, to non-
technically qualified category at Sl. No.12(B)(ii)(a). For the
reasons best known, the employer has not introduced the
amendment at Sl. No.12 of the Regulation. This being the
position, the Assistant Lineman who joined the service by way
of direct recruitment with a certificate in Industrial Training
which was a prescribed qualification for appointment continued
to be classified as technical category at Sl. No.12(B)(ii)(a) of
the Regulation. The petitioners at the time of appointment as
Assistant Linemen were required to possess a certificate in
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
Industrial Training. Thus, the Regulation Sl. No.12(B)(ii)(a)
applies to them.
39. On a combined reading of Serial No.7 and 12 of the
Regulations, the promotion to the post of Junior Engineers from
the cadre of Meter Readers/Operators/Overseers/Assistant
Store Keepers is provided in the following manner:-
10% from the cadre of Meter
Readers/Operators/Overseers/Assistant Store Keepers who
have a diploma from a polytechnic in Karnataka.
17.5% from Meter Readers/Operators/
Overseers/Assistant Store Keepers who have certificate from
Diploma/ ITI.
17.5% from Meter Readers/Operators
/Overseers/Assistant Store Keepers who do not have a
certificate from ITI.
40. In the 10% category referred above, it is to be
noticed that a person who had a diploma while joining a
Assistant Lineman or who had 18/24 months ITI certificate and
who later acquires a diploma will also be considered in the 10%
reserved category in addition to being considered in 17.5%
category reserved for ITI certificate holders.
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
41. In the second category of 17.5%, only ITI
certificate holders will be considered. In the third category, the
non-ITI certificate holders will be considered. Considering the
higher qualification of ITI certificate holders in comparison to
non-technically qualified employees, 15 years experience is not
insisted while considering them for promotion.
42. Learned counsel for the petitioners would contend
that all these years the petitioners have been considered under
the non-technical category and accordingly, they have been
asked to go necessary pre-promotional training meant for non-
technical category employees and have cleared the
examination meant for the non-technical category employees.
Based on these circumstances, it is urged that there is a
legitimate expectation by the petitioners and the like to be
considered in the non-technical category for the purpose of
promotion.
43. Learned counsel for the petitioners referred to the
judgment of the Hon'ble Apex Court in Union of India vs.
Hindustan Development Corporation and others, (1993) 3 SCC
499. Attention of the Court is drawn to paragraph No.33 to 35
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
of the said judgment. In the very same judgment, the Apex
Court has held that;
"There are stronger reasons as to why the legitimate
expectation should not be substantively protected than
the reasons as to why which should be protected. Such a
legal obligation exists whenever the case supporting the
same in terms of legal principles of different sorts, is
stronger than the case against it. Therefore, the
limitation is extremely confined and if according to the
natural justice does not condition the exercise of power,
the concept of legitimate expectation can have no role to
play and the Court must not usurp the discretion of the
public authority which is empowered to take the decisions
under law and the Court is expected to apply an objective
standard which leaves to the deciding authority the full
range of choice which the legislature is presumed to have
intended. Even in a case where a decision is left entirely
to the discretion of the deciding authority without any
such legal bounds and if the decision is taken fairly and
objectively the Court will not interfere on the ground of
procedural fairness to a person whose interest based on
legitimate expectation might be affected. If it is a
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
question of policy, even by way of change of old policy
the Courts cannot interfere with a decision. If denial of
legitimate expectation in a given case amounts to denial
of right guaranteed or is arbitrary, discriminatory, unfair
or biased or gross abuse of power or violation of
principles of natural justice, the same can be questioned
on the well known grounds attracting Article 14 but a
claim based on mere legitimate expectation without
anything more cannot ipso facto give a right to invoke
these principles."
44. From the above mentioned observations of the
Hon'ble Apex Court, it is apparent that the doctrine of
legitimate expectation cannot override the provisions of law.
Merely because the employer has followed a particular pattern
in categorising the employees contrary to the binding
regulation, the practice followed for a considerable length of
time does not give rise to legitimate expectation to the
beneficiaries of such a wrong practice. If the employer realises
the mistakes and takes a decision to follow the binding
Regulation, such a decision cannot be questioned to urge that
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
the practice followed contrary to the Regulation has to be
continued.
45. The Court also posed a question during the hearing
as to whether the petitioners hitherto had lost a chance of
being considered for promotion in the technical category as
they were earlier wrongly considered in the non-technical
category. The counsel for the employer submits that the
petitioners became eligible for promotion recently and when the
promotions took place earlier, the petitioners were not eligible.
46. Learned counsel for the petitioner would also refer
to the judgment of the Coordinate Bench of this Court in W.P.
No.15677/2019 in H.R. Nagesh and others vs. Managing
Director, KPTCL, Bangalore & Others. In the
aforementioned judgment, the Coordinate Bench of this Court
has taken a view that the Board cannot take a stand contrary
to the Regulation unless, the Board amends the Regulations.
The said decision does not come to the aid of the petitioners as
the Board is implementing the Regulation by way of course
correction in terms of impugned orders.
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
47. The learned counsel for the petitioner has also
relied upon the judgment of the Apex Court in the case of
Maharshi Dayanand University vs. Surjeet Kaur (2010)
11 SCC 159 to urge the contention that the act of some of the
petitioners appearing for the examination meant for the
technical category employees should not be construed as an
estoppel and it is urged that there is no estoppel against the
statute. There is no dispute over the principle. However, the
ratio supports the case of the respondents who contend that
previous erroneous practice of not following the Regulation and
the decision to rectify the mistake and to follow the Regulation.
48. The contention that plain reading of the Regulation
acts against the interest of the petitioners in as much as the
petitioners' promotion will be delayed as they will be made to
compete with unequals cannot be accepted. If the Regulation is
works unjustly and it violates any right guaranteed under Part
-III of the Constitution of India, then the petitioners have to
challenge the vires of the offending provision.
49. In the absence of any challenge to the vires of the
Regulations, this Court does not find any merit in the
contentions to treat the employees with Industrial Training
-WP NO. 105366/2023 Connected Cases: WP NO.
104405/2022, WP NO. 104601/2022, WP NO. 104620/2023
Certificate as non-technical category when the Sl.
No.12(B)(ii)(a) of the Regulation provides that such employees
are coming under technical category.
50. It is made clear that this Court has not expressed
any opinion on the validity of the Regulations applicable to the
promotion to the post of Junior Engineers from the cadre of
Meter Readers/Operators/Overseers/Assistant Store Keepers.
Hence the following:-
The writ petitions are dismissed.
Sd/-
JUDGE
BRN/CHS/ct-an
