IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.29697 OF 2014 (S-PRO) BETWEEN:
N.MANJUNATHA S/O.LATE NANJAIAH AGED ABOUT 29 YEARS WORKING AS SECOND DIVISION ASSISTANT (OOD REVENUE INSPECTOR) MYSORE CITY CORPORATION (ZONAL OFFICE-II), JAYANAGAR GATE MYSORE-570 012 (BY SRI.NAGA PRASANNA, ADV.) AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVT.
URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA BANGALORE-560 001 … PETITIONER 2. MYSORE CITY CORPORATION POST BOX NO.27, MYSORE-570 014 REPRESENTED BY ITS COMMISSIONER ... RESPONDENTS (BY SRI.SREEDHAR N.HEGDE, HCGP FOR R-1 SMT.SHRUTHI S., FOR SMT.GEETHADEVI M.P. ADV. FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO HIS CLAIM FOR PROMOTION TO THE CADRE OF JUNIOR ENGINEER (ELECTRICAL) IN THE R/2 CORPORATION AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has sought for the following relief:
(a) Issue a mandamus directing the respondents to consider the case of the petitioner for promotion to the cadre of Junior Engineer (Electrical) in terms of the Rules exiting on and from the date of acquisition of qualification to the post of Junior Engineer (Electrical) and promote the petitioner accordingly as Junior Engineer (Electrical) from the date his acquisition of qualification with all consequential benefits flowing thereto.
2. Undisputedly, method to the recruitment to the post of Junior Engineer reads as follows:
Category of posts and scale of pay Numb er of posts Method of Retirement Minimum qualification Junior Engineer 8825-
16000 - Eighty five percent by direct recruitment from holders of Diploma in Civil and diploma in Electrical Engineering in the ratio of 75.25 and Ten percent by deputation of an officer in the equivalent cadre from the Public Works Engineering Service Department or any Board or Corporation of Government, subject to that they hold qualification as prescribed for direct recruitment.
If no suitable persons are available for deputation then the posts shall be filled by direct recruitment.
Five percent by promotion from the cadre of Electrician Grade-I, Water Supply Operator, FDC, SDC on the basis of combined seniority.
For Direct Recruitment: Must have passed Diploma in Civil or Electrical Engineering from a Government recognized Institution.
For promotion: (1) (i) Must have put in a service of not less than three years in cadres of Electrician Grade-I, Water Supply Operator.
(ii) Must have put in a service of not less than five years in cadre of FDC.
3. 85% by direct recruitment, 10% by deputation and 5% by promotion to the post of Junior Engineer, promotion from the cadre of Electrician Grade-I, Water Supply Operator, F.D.C., S.D.C. is based on the combined seniority list.
Further, F.D.C. must have five years experience in the cadre. In this backdrop, competent authority is required to prepare combined list of Electrician Grade – I, Water Supply Operator, F.D.C. and S.D.C. In the absence of preparation and publication of combined seniority list, question of filling five percent by promotion from these cadres to the post of Junior Engineer does not arise. Consequently, petitioner’s grievance/prayer is not tenable in terms of mode of recruitment to the post of Junior Engineer.
4. Concerned respondents have not adhered to the Rules of Recruitment in respect of Junior Engineer Post and they have failed to prepare combined Seniority list. If such a combined seniority list is prepared and notified, in such an event, operate final combined (seniority) list for promotion of 5% quota. If list is not notified, 2nd respondent is hereby directed to publish combined seniority list and operate such list to fill up 5% Junior Engineer post. The above exercise shall be completed within a period of six months from the date of receipt of this order.
With the above observation petition stands disposed of.
Sd/- JUDGE BS