Karnataka High Court
Raziyabegaum D/O. Mahammadsab ... vs The Principal Secretary on 2 February, 2023
Bench: E.S.Indiresh
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WP No. 147624 of 2020
C/W WP No. 147787 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 147624 OF 2020 (S-PRO)
C/W
WRIT PETITION NO. 147787 OF 2020
IN W.P.NO.147624/2020
BETWEEN:
RAZIYABEGAUM D/O. MAHAMMADSAB RON
AGE : 37 YEARS,
ASSISTANT EXECUTIVE ENGINEER (ELEE)
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANGIRI, NAVANAGAR,
BAGALKOT-587104, DIST : BAGALKOT
...PETITIONER
(BY SRI. S.B.MUKKANNAPPA, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
DEPARTMENT OF HORTICULTURAL SCIENCES,
J 3RD DOOR, 4TH FLOOR,
MAMATHA M.S.BUILDING, AMEDAKAR VEEDI
BENGALURU-560 001
Digitally signed by J
MAMATHA
Location: HIGH COURT
OF KARNATAKA
2. THE VICE CHANCELLOR
DHARWAD
Date: 2023.02.04
UNIVERSITY OF HORTICULTURAL SCIENCES,
12:33:36 +0530
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C/W WP No. 147787 of 2020
UDYANGIRI, NAVANAGAR,
BAGALKOT-587104, DIST : BAGALKOT.
3. THE REGISTRAR
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANGIRI, NAVANAGAR,
BAGALKOT-587104, DIST : BAGALKOT.
4. THE CHAIRMAN
BOARD OF DIRECTORS,
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANGIRI, NAVANAGAR,
BAGALKOT-587104, DIST : BAGALKOT.
5. DEEPA R.NADIGAR
AGE : 37 YEARS,
ASSISTANT EXECUTIVE ENGINEER (CIVIL)
UNIVERSITY OF HORTICULTURAL SCIENCES,
UDYANGIRI, NAVANAGAR,
BAGALKOT-587104, DIST : BAGALKOT.
...RESPONDENTS
(SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R1;
SRI. RAVI S. BALIKAI, ADVOCATE FOR R2 TO R4;
SRI. BASAVARAJ GODACHI, ADVOCATE FOR R5)
THIS WP IS FILED PRAYING TO ISSUE WRIT IN THE NATURE
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT QUASHING THE
IMPUGNED SENIORITY LIST DATED 9/8/2019 PASSED BY
RESPONDENT NO.2 IN SO FAR AS LIST AT PROMOTION TO POST OF
EXECUTIVE ENGINEER (CIVIL ELECTRICAL) FROM THE POST OF
ASSISTANT EXECUTIVE ENGINEER AT VIDE ANNEXURE-A.
IN W.P.NO.147787/2020
BETWEEN:
1. [SHRI. VIJAYBHASKAR M. BHAJANTRI,
AGE 54 YEARS, OCC: SERVICE,
R/O. NAVANAGAR, BAGALKOT,
District. BAGALKOT, PIN : 581701.]
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2. SMT. DEEPA R. NADIGER,
W/O. NAVEEN J. MUDKAVI,
AGE 36 YEARS, OCC: SERVICE,
R/O. SECTOR NO.23, NAVANAGAR,
BAGALKOT, DIST. BAGALKOT,
PIN : 581701.
...PETITIONERS
(BY SRI. BASAVARAJ GODACHI, ADVOCATE
PETITION IS DISMISSED IN RESPECT OF PETITIONER NO.1)
AND:
1. STATE GOVERNMENT,
REPTD. BY PRINCIPAL SECRETARY,
DEPARTMENT OF HORTICULTURE,
M.S.BUILDING, BENGALURU,
PIN : 560001.
2. THE REIGSTRAR,
UNIVERSITY OF HORTICULTURAL SCIENCE,
UDYANAGIRI, BAGALKOT,
PIN - 587104
3. RAZIYABEGAUM D/O. MOHAMMADSAB RON,
AGE 37 YEARS, OCC: SERVICE,
R/O. UDYANAGIRI, NAVANAGAR,
BAGALKOT.
...RESPONDENTS
(SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R1;
SRI. RAVI S. BALIKAI, ADVOCATE FOR R2;
SRI. K.S.PATIL, ADVOCATE FOR R3)
THIS WP IS FILED PRAYING TO ISSUE WRIT IN THE NATURE
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT QUASHING THE
IMPUGNED SENIORITY LIST DATED 9/8/2019 PERTAINING TO THE
LIST OF PROMOTIONS IN RESPECT OF PERTITIONERS POST ONLY
AND THE SAME IS HEREWITH PRODUCED AND MARKED AS
ANNEXURE-D.
THESE PETITIONS COMING ON FOR, THIS DAY, THE COURT
MADE THE FOLLOWING:
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ORDER
The relevant facts for adjudication of these writ
petitions are that, the petitioners herein claimed to be
working as Assistant Executive Engineer in different
discipline i.e. the petitioner in W.P.No.147624/2020 is
working as an Assistant Executive Engineer (Electrical) and
the petitioner in W.P.No.147787/2020 is working as an
Assistant Executive Engineer (Civil), in the 3rd respondent
University.
2. The grievance of the petitioners in these writ
petitions is with regard to claiming promotion to the post
of Executive Engineer at the respondent-University as per
cadre and recruitment regulations produced at Annexure-F
in W.P.No.147624/2020.
3. Heard Sri. S.B.Mukkannappa, Sri. Basavaraj
Godachi, Sri. Shivaprabhu Hiremath, learned Additional
Government Advocate, Sri. Ravi S. Balikai and Sri.
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K.S.Patil, learned counsels for the respective parties in
both the petitions.
4. It is the principal submission of learned counsel
Sri. S.B.Mukkannappa that, the Seniority List as per
Annexure-A based on the agenda at Annexure-B is
required to be interfered with in this writ petition. He
contended that, the respondent-University in its promotion
list in the 57th Board of meeting, based upon the
consideration of the promotion in view of the new statute
being in the process of implementation. He further
contended that, the petitioner in W.P.No.147624/2020 has
challenged the Seniority List dated 09.08.2019 (Annexure-
A to the writ petition). He also drew the attention of the
Court to the explanation offered by the University as per
Annexure-B in its 57th meeting particularly with regard to
Item No.9 and further contended that, after detailed
deliberations, the Board has taken a decision to consider
common statute of University which required to be
approved by the State Government so as to effect the
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promotions. In this regard, he submitted that, in the event
if the Government has taken a decision to consider the
case of the Assistant Executive Engineer (Civil) for the
promotional avenues then there won't be a chance for the
candidates who have been appointed as Assistant
Executive Engineer (Electrical Division). In that view of the
matter, he sought for interference of this Court. He also
referred to the Judgment of the Hon'ble Apex Court in the
case of Dr. Ms. O.Z.Hussain Vs. Union of India,
reported in 1990 (Supp) SCC 688 and argued that, the
5th respondent herein cannot claim promotion as of right
and it is only a incidence of service and accordingly he
referred to paragraph No.7 of the Judgment. Placing
reliance of the same, he sought for interference of this
Court.
5. Per contra, Sri. Ravi S. Balikai, learned counsel
appearing for the University places a letter dated
02.11.2019 addressed by the Government to the
University whereby, direction has been issued by the
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Government to the University to have their own cadre and
recruitment Rules, to be revised and in furtherance of the
same, the University has replied to the Government
showing the Job chart of the office of the concerned
officers of the respondent-University. He argued that, the
matter is pending consideration before the Government to
take a decision in the matter relating to the promotional
avenues of the employees of the University. Therefore,
Sri. Ravi S. Balikai, learned counsel contended that, until
the decision to be taken by the Government with regard to
the reply made by the University in furtherance of the
letter dated 02.11.2019, the petitioner herein have no
locus-standi to challenge the C & R Regulations of the
University. Accordingly, he sought for dismissal of the
petition.
6. Per contra, learned Additional Government
Advocate sought to justify the action of the Government
and also emphasizes on the letter dated 02.11.2019,
wherein, a direction has been issued to the University to
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revise their cadre and recruitment rules. However, learned
Additional Government Advocate contended that, the
Government will take decision in the matter in pursuance
of the Job Chart sent by the University, insofar as the
promotional avenues are concerned.
7. Learned counsel appearing for the petitioner in
connectted matter i.e. W.P.No.147787/2020 submitted
that, the petitioner, who is the respondent No.5 in
W.P.No.147624/2020 is eligible for promotion to the said
post (Executive Engineer) as there are two posts. Sri.
Basavaraj Godachi, learned counsel further argued that,
the petitioner in his writ petition has contended that, she
has scored higher marks in the DCP and accordingly
sought for direction to the Government to implement the
notification dated 09.08.2019 pertaining to the list of
promotion in respect of the petitioner post therein.
8. In the light of the submission made by the
learned counsel appearing for the parties, I have carefully
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considered the arguments advanced by Sri.
S.B.Mukkannappa, with regard to the C & R Regulations
produced at Annexure-F in his writ petition. In the said C &
R Regulations, the avenues for the promotion to the post
of Assistant Executive Engineer, reads as under:
8. Asst. Executive Engineer The ratio between
(Civil/Elec) including promotion among Asst
Technical Assistant (Civil) Engineer in concerned field
to Estate officer Civil Elec in the University and direct
Tech Asst Civil) (Converted recruitment shall be 1:1
from Tech. Asst cum The ration in the promotion
supervision) Rs.28100- shall be 2:1 among degree
50100) and diploma holders
9. I have also noticed from the Government Order
dated 29.05.2012 where one post has been shown for the
promotional aspects relating to the Executive Engineer
with the respondent-University. I have also noticed from
the common statute recruitment 2019, where the
respondent-University has adopted two distinct promotion
to the post of Assistant Engineer i.e. post of Executive
Engineer (Civil) and (Electrical/Agricultural) as provided in
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their statute of the University of Agricultural Sciences as
shown in the Universities Act, 2010, which reads as under:
(3.1) Executive Promotion on the FOR PROMOTION
Engineer (Civil) basis of seniority-
(Rs.36300-53850) cum-merit from the (a) Must have
cadre of Assistant rendered not less
Executive Engineer than five years
(Civil) service in the cadre
of Assistant
Executive Engineer
(Civil) in the
Univbersity.
(3.2) Executive Promotion on the FOR PROMOTION
Engineer basis of seniority-
(Elec./Agril) cum-merit from the (a) Must have
(Rs.36300-53850) cadre of Assistant rendered not less
Executive Engineer than five years
(Elec./Agril.) in the service in the cadre
University. of Assistant
Executive Engineer
(Elec./Agril.) in the
University.
10. Looking into the aforementioned aspects, it is
not disputed by the parties that the entry level of both
posts are one and the same, but only the difference is with
regard to the promotional avenues, wherein, in the event
if the Government has taken a decision in furtherance of
the letter dated 02.11.2019, I am of the view that, there
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won't be any chance of merit who have been seeking
promotion from the post of Assistant Executive Engineer
(Electrical) to the post of Executive Engineer. In that view
of the matter, as the matter is pending consideration
before the Government in furtherance of the Job Chart
sent by the respondent-University and in order to resolve
the anomaly caused on account of C & R Rules which are
ought to have been adopted by the University for the
promotional avenues for the post of Executive Engineer
from the Cadre of Assistant Executive Engineer
(Civil/Electrical), the 1st respondent is directed to take
decision in the matter at the earliest within an outer limit
of three months from the receipt of this order.
11. It is also made clear that, the respondent-
Government shall consider the observations made above
with regard to the promotional avenues that may be given
to the candidates who are aspiring from the feeder cadre
of Assistant Executive Engineer (Electrical) to the post of
Executive Engineer. In that view of the matter, as there is
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an anomaly insofar as the promotional aspects to the post
of Executive Engineer, the respondent-Government shall
not give effect to the Seniority List dated 09.08.2019
(Annexure-A) produced in Writ Petition No.147624/2020,
till consideration of the reply made by the University to the
Government insofar as the petitioners in both the writ
petitions are concerned.
12. In view of the observations made above, I am
of the view that, the writ petition filed by Smt. Deepa R.
Nadiger in W.P.No.147787/2020 cannot be considered at
this juncture by directing the respondent University to
implement the notification dated 09.08.2019 till
consideration of the same by the Government.
13. With these observations, the writ petitions are
disposed of.
Sd/-
JUDGE
SVH
