2012 Supreme(Kar) 120
2012 (2) KCCR 1103
High Court of Karnataka
H.N. NAGAMOHAN DAS
H.M. Sakamma
Versus
Karnataka Power Transmission Corporation Limited (KPTCL)
W.P.NO.1249 of 2012 c/w W.P.NOs.2843-45 of 2012 & W.P.NO.1250-55 of 2012 (S-RES)
Decided On: 29-02-2012
Advocate Appeared
For the Appellant: Ravi Verma Kumar, Sr. Counsel.
For the Respondent:P.S. Dinesh Kumar, Advocate.
Headnote:LABOUR & SERVICES - Appointment: [H.N. Nagamohan Das, J] Post of Assistant Lineman - Discrimination on ground of sex - Barring women from being appointed to post of Assistant Lineman on ground that they are not capable of discharging hard and hazardous work of Lineman - Held, It is not proper. More so, when before disqualifying female candidates from applying to post of Assistant Lineman, authorities have not conducted any field survey nor scientific survey to demonstrate that female candidates are incapable of discharging duties of Assistant Lineman.
LABOUR & SERVICES - Recruitment: [H.N. Nagamohan Das, J] Post of Assistant Lineman - Eligibility qualifications - Electricity Act (36 of 2003) - Section 181 - Karnataka Electricity Board Recruitment and Promotion Regulations, Employees (Probation) Regulations and Employees (Seniority) Regulations, Regn. 6(a)(iii) (as amended in 2010) - Amended Regulations excluding candidates who had secured certificate from Industrial Training Centers established by respondents from applying to post of Assistant Lineman - Respondents by investing huge money had established Training Centres and held promise to candidates possessing pass certificate - Said candidate legitimately expected that they would be appointed as Assistant Lineman - Therefore, amended regulations excluding ITC certificate holders and removing reservation to them in matter of recruitment to post of Assistant Lineman held discriminative and contrary to principle of legitimate expectation.
1. In these writ petitions the petitioners have prayed for a writ in the nature of certiorari to strike down the notification dated 17.8.2010 Annexure-L amending the Karnataka Electricity Board Recruitment & Promotion Regulations, Employees [Probation] Regulations and Employees [Seniority] Regulations in so far as it relates to the recruitment and minimum qualification prescribed for the post of Assistant Lineman; to quash the notification dated 12.12.2011, Annexure-M inviting applications for the post of Assistant Lineman and for a writ of mandamus to allow the petitioners to apply for the post of Assistant Lineman.
2. The erstwhile Karnataka Electricity Board was entrusted with the job of the electrical power transmission and distribution. Subsequently, this Karnataka Electricity Board was renamed as ‘Karnataka Power Transmission Corporation Limited’ i.e., the respondent herein. The respondent established an Industrial Training Centre to impart training for both male and female candidates. The purpose of establishing the industrial training centre was to impart three years vocational training in Lineman/Electrician vocational course. Upon completion of three years training in the training centre and passing the prescribed test conducted by National Council for vocational training, the successful candidates were being awarded with National Apprenticeship certificate by the National Institute for vocational training. The respondent are having regulations called the Karnataka Electricity Board Recruitment & Promotion Regulations, Employees [Probation] Regulations and Employees
[Seniority] Regulations (hereinafter called as ‘Regulations’).
These regulations prescribe the method of recruitment and the minimum qualification for the post of Assistant Lineman and the same is as under:
Category of Existing Post Assistant Lineman Method of Recruitment
a) 50% of the sanctioned posts by Direct Recruitment of ITI qualified candidates.
b) 30% of the sanctioned posts by Direct Recruitment of candidates possessing a pass certificate of three years "Lineman trade" / "Electrician trade" imparted by the Industrial Training Institutes of KEB/KPTCL.
c) 20% of the sanctioned posts by promotion from the cadre of Junior Lineman on the basis of seniority-cum-merit.
Minimum Qualification i) Should have a pass certificate of 18/24 months course in "Electrician" / "Electronics" / "Electronic Mechanic" Trade from Industrial Training Institutes (ITI's) recognized by the Government of Karnataka.
i) Should have a passed 10th Standard examination and Should have a pass certificate of three years " Lineman trade" / "Electrician trade" imparted by the Industrial Training Institution of KEB/KPTCL.
i) Should have satisfactory physical fitness and mental ability. ii) Should be suitable and should have experience for the job requirement. iii) Should have experience in the type of work connected to the post of Junior Lineman and should be capable to carry out the work required for the post of Assistant Lineman.
iv) These should be assessed and reported by the official superiors through reports.
3. The above regulation specifies that 30% of the Assistant Lineman posts are reserved for direct recruitment of candidates possessing certificate of three years in Lineman trade/Electrician trade from Industrial Training Institutes of KEB/KPTCL. Thus the certificate holders from the Industrial Training Centre established by the respondents were having a right to be appointed as Assistant Lineman in their establishment. Now the respondents have amended the regulations as per Annexure-L dated 17.8.2010. The amended regulations reads as under :
Category of Post
Assistant Lineman
Amended as
Method of Recruitment
a) 40% of the sanctioned posts by Direct Recruitment of ITI "Electrician" qualified candidates.
b) 40% of the sanctioned posts by Direct Recruitment of ITI "Electronics" qualified candidates.
c) 20% of the sanctioned posts by promotion from the cadre of Juni