The court dismissed a writ petition seeking to quash an endorsement regarding promotion eligibility. It held that holding a degree as an in-charge employee does not vest a right to promotion to Assistant Engineer without regular appointment to the Junior Engineer post.
The petitioner was denied relief; the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 12463 OF 2023 (S-RES)
BETWEEN:
D.C. LOKESH AGED ABOUT 57 YEARS S/O. LATE CHIKKEGOWDA LINEMAN, BESCOM LTD., NONAVINAKERE SECTION, TIPTUR SUB-DIVISION, TUMAKURU DISTRICT-572101
…PETITIONER
(BY SRI. VINAYA KEERTHY M., ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. RAKSHITHA D.J., ADVOCATE FOR RESPONDENT NOS.1 AND 2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT NO.KaViPraNiNi/B57/23081/2021-22 DATED
27.04.2023 (ANNEXURE-P) ISSUED BY THE FIRST RESPONDENT AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The petitioner has sought for the following reliefs:
Temporary Lineman in the year 2000 and was regularized as an Assistant Lineman in the year 2010. He contends that the respondent No.1 had issued a circular dated 12.10.2012 stating
that the services of existing 'C' group employees possessing Diploma/B.E. engineer could be utilized as in-charge Junior Engineers (Electrical). The respondent No.1 issued another circular dated 26.07.2010 stating that whoever had completed engineering degree and had three years experience as Junior Engineers were entitled to be promoted to the next level as an Assistant Engineer. The petitioner contends that he had completed his Diploma in Electrical Engineering in the year 2005 from Indian Institute of Engineers and completed AMIE/BE in Electrical Engineering from the Indian Institute of Engineers in the year 2009 and therefore he was qualified to hold the post of Junior Engineer (Electrical) and Assistant Engineer (Electrical). In view of the said circular, the petitioner was considered for the post of in-charge Junior Engineer (Electrical) with effect from 18.09.2012 and posted on 03.06.2014 at Chikkanayakanahali, Sub-division and later transferred to Dandinashivara Section, Chikkanayakanahalli on 01.08.2014. He was then transferred on 18.03.2020 to the present post at Nonanavinakere Section, Tiptur. The petitioner contends that he was all along discharging his duties as incharge Junior Engineer (Electrical). When things stood thus, he
NC: 2024:KHC:31364 WP No. 12463 of 2023
claims that on 12.06.2020, the respondent No.2 issued a circular stating that those who had completed 10 years of service, possessing Diploma were entitled to be considered for appointment to the post of Junior Engineer (Electrical) and that an examination would be conducted in that regard. The petitioner claims that since from 2012, he was working as an in-charge Junior Engineer (Electrical), he was entitled to take up the examination. However, the respondents had rejected the request of the petitioner which was then challenged before this Court in W.P.No.961/2021. This Court in terms of the order dated 18.04.2022, dismissed the writ petition holding that the petitioner had completed his degree through distance education mode which was not recognised by AICTE. Later, the petitioner obtained a certification from AICTE that the Diploma that he possessed was recognized by AICTE. He therefore, contends that he is entitled to be appointed to the post of Junior Engineer (Electrical) and submitted representations and hence, sought for a direction to the respondents to consider his representations dated 21.11.2022 and 21.02.2023.
submits that the petitioner had filed his representations at
Annexures-M and N claiming that he is entitled to be appointed as an Assistant Engineer (Electrical), in view of the certificate by AICTE that the engineering degree offered by the Indian Institute of Engineer, Delhi is recognized by AICTE. She submits that feeder channel for the post of Assistant Engineers, is a 10 years continuous service in the post of Junior Engineer (Electrical). She contends that the petitioner was not even a Junior Engineer, but was posted on in-charge basis. Therefore, the petitioner is not entitled to any of the reliefs sought in the petition.
counsel for the petitioner as well as the learned counsel for the respondents.
which is allegedly recognized by AICTE does not vest any right to the petitioner to claim that he is entitled to be appointed to the post of Assistant Engineer. The feeder channel to the post of Assistant Engineer is through the Junior Engineer (Electrical). The petitioner has to first qualify to be regularly appointed as a Junior Engineer (Electrical) and thereafter his request for appointment to the post of Assistant Engineer to be considered. Hence, the petitioner does not have the qualification to be appointed as an Assistant Engineer, as he has not served for a period of 10 years as an in-charge Junior Engineer (Electrical). Therefore, he is not entitled to any relief claimed in this writ petition.
Sd/(R. NATARAJ) JUDGE
HJ List No.: 1 Sl No.: 22
3 issues framed by the court
Whether a petitioner posted as in-charge Junior Engineer can claim promotion to Assistant Engineer based on a recognized engineering degree without regular appointment as Junior Engineer.
Whether the petitioner satisfies the feeder channel requirements for appointment as Assistant Engineer (Electrical).
Whether the petitioner is entitled to a direction to consider his representation for promotion to Assistant Engineer.
D.C. LOKESH
KARNATAKA POWER TRANSMISSION CORPORATION LTD.
THE DIRECTOR ADMINISTRATION AND HUMAN RESOURCES KARNATAKA POWER TRANSMISSION CORPORATION LTD.
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
