IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NOs.12434-12435/2016 (S-PRO) BETWEEN:
MR.B.VENKATESH S/O.B.CHANDRASHEKAR AGED ABOUT 58 YEARS RESIDING AT P3/3 K.P.C.L. COLONY KADRA-581 396 KARWAR TALUK UTTARA KANNADA … PETITIONER (BY SRI.HANUMANTHAPPA, SRI.B.HARARIGOWDAR, ADV.) AND:
1. KARNATAKA POWER CORPORATION LTD A GOVERNMENT COMPANY HAVING ITS REGISTERED OFFICE AT NO.82, SHAKTHI BHAVAN, RACE COURSE ROAD BANGALORE-560 001 REPRESENTED BY ITS MANAGING DIRECTOR 2. STATE OF KARNATAKA DIRECTORATE OF TECHNICAL EDUCATION TANTRIK SHIKSHAN BHAVAN PALACE ROAD, BANGALORE-560 001 REPRESENTED BY ITS DIRECTOR 3. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION 7TH FLOOR, CHANDERLOK BUILDING JANAPATH, NEW DELHI-110 001 REPRESENTED BY ITS MEMBER SECRETARY 4. UNIVERSITY GRANT COMMISSION REPRESENTED BY ITS SECRETARY UNIVERSITY GRANT COMMISSION BHADUR SHAH ZAFAR MARG NEW DELHI-110 002 5. INDIRA GANDHI NATIONAL OPEN UNIVERSITY (IGNOU) MAIDAN GARHI, NEW DELHI-110 068 REPRESENTED BY ITS REGISTRAR ... RESPONDENTS (BY SMT.ANUPAMA HEGDE, ADV. FOR R-3 SRI.SHOWRI H.R. AND ASSOCIATES, ADV. FOR R-4 SRI.G.K.SOODI, CGC FOR R-5 SRI.KASHYAP N.NANIK & SRI.VIVEK.B.RAMAKRISHNA, ADV’S FOR R-1 SRI.SREEDHAR N.HEGDE, HCGP FOR R-2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DTD:20.11.2015 ISSUED BY THE R-1 VIDE ANNX-A AND IN CONSEQUENCE DIRECT THE R-1 TO PROMOTE THE PETITIONER TO THE POST OF E.E. AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petitions, petitioner has sought for the following reliefs:
(i) Issue a writ in the nature of Certiorari quashing the communication vide No. vide No. A1P1C/3960 dated 20.11.2015 issued by the Respondent No.1 produced herewith and marked as Annexure – A and in consequence issue a Writ in the nature of Mandamus directing the Respondent No.1 to promote the petitioner to the post of EE.
(ii) Grant costs.
(iii) Such other reliefs as this Hon’ble Court may deem fit to grant in the circumstances of the case and in the interest of justice and equity.
2. Petitioner has joined the respondent – Company as Junior Engineer in the year 1980 and he has earned promotion to the cadre of Assistant Executive Engineer. Even though he was due for promotion to the post of Executive Engineer in the year 2014-15, respondents have not considered the petitioner’s grievance. Respondents have issued communication on 20.11.2015 wherein it was taken note of that petitioner has obtained bachelor’s degree from the open university which has not been recognized by the AICTE.
3. The method of recruitment to the post of Executive Engineer reads as under:
4 Executive Engineer (Civil/Elecl/Mech/ Instru/Shift/R&D By promotion on seniority- cum- merit 66.66% ESSENTIAL i) A Bachelor’s Degree or equivalent in the Engineering discipline concerned.
ii) Service of 5 years as Assistant Executive Engineer in the Corporation Managing Director By promotion on selection- 33.33% ESSENTIAL i) A Bachelor’s Degree or equivalent in the Engineering discipline concerned ii) Service of 5 years as Assistant Executive Engineer in the Corporation 4. Requisite qualification is that a bachelor’s degree or equivalent in the engineering discipline concerned, with 5 years of experience in the post of Assistant Executive Engineer in Corporation. The concerned respondent has not carried out necessary amendment in the Rules of Recruitment to exclude the bachelor’s degree/diploma, if any, obtained from the open university are not entitled to claim benefit of promotion unless and until relevant Rule is not amended, in such an event, employees are entitled to get benefit. Moreover, the State Government has issued a policy decision on 01.06.2015 that such of those persons who have obtained diploma or degree from the Open University, it will not be considered and further, ordered that Technical Education Department have stalled conducting of examination for Diploma course from 2015-16. In this background and the fact that concerned employer has not amended the regulations, denial of any benefit to the petitioner based on the Bachelor of Engineering Degree obtained through open university, would not be a hurdle for consideration of his name for promotion. Accordingly, Annexure ‘A’ is set-aside. Writ Petition stands allowed. Concerned respondent is hereby directed to consider petitioner’s name for promotion in accordance with law within a period of 4 weeks from the date of receipt of the order.
Sd/- JUDGE Brn