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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R. Devdas, J.
L Karthik And Ors. – Petitioners
Versus
Karnataka Power Transmission Corporation Limited and ors. – Respondents
Writ Petition No.26986, 14159 of 2018 1670 of 2020(S-PRO) and 42670 of 2019
Decided On : 28-01-2021
KEB Recruitment and Promotion of the Employees of the Board Service Regulations, 1969 - Constitution of India, 1950 - Article 309 - Employee - Non-graduates/Diploma holders - Direct recruitment and by departmental promotion - Promotion - Qualification - Whether benefit of counting one third of service rendered by respondents in cadre of Junior Engineers, in terms of Note (v) of provision for ‘Appointment by Transfer’, for purpose of promotion to post of AEE, stands vitiated by withdrawal of such provisions - Whether said benefit has vested a right in favour of respondents and if so, whether such benefit could be taken away by withdrawing provision of law - Whether such a benefit could be taken away from the respondents, by withdrawing provision for ‘Appointment by Transfer’.
Finding of the court: There is no rule of universal or absolute application that vacancies are to be filled invariably by law existing on date when the vacancy arises. The requirement of filling up old vacancies under old rules is interlinked with the candidate having acquired a right to be considered for promotion - Amendment was brought to relevant rules restricting benefit of military service, with retrospective effect. The contention of appellants/petitioners was that rules could not be amended with retrospective effect to deprive them of vested rights and if appellants/petitioners are entitled to benefits of military service perforce, they would be much more senior to others and the gradation list prepared in complete ignorance of military service will not be according to law - Respondent-Corporation is hereby directed to consider claim of petitioners in W.Ps for promotion as Asst. Executive Engineers on basis of date of eligibility that was assigned to them by counting one third of service rendered by them as Junior Engineers in terms of Note of KEB R & P Regulations, pursuant to impugned communication issued by Managing Director of respondent-Corporation.
Result: W.P.No.26986/2018 dismissed and W.P.Nos.14159/2018, 42670/2019 and 1670/2020 partly allowed
ORDER :
The lis in these writ petitions are rival claims for promotion between two categories of employees of the Karnataka Power Transmission Corporation Limited (KPTCL), Assistant Engineers who were directly appointed and Assistant Engineers who were initially appointed as Junior Engineers, being non-graduates/Diploma holders, who later acquired B.E. or AIME (India) qualifications and ‘appointed by transfer’ as Assistant Engineers.
2. The KEB Recruitment and Promotion of the Employees of the Board Service Regulations, 1969, (hereinafter referred to as ‘KEB R & P Regulations’ for short) was amended as on 26.07.1986, to provide for recruitment to the post of Assistant Engineers, which till then provided for direct recruitment and by departmental promotion. By the amendment, provision was made for a Junior Engineer who had subsequently acquired B.E or AIME qualification to be appointed by transfer as Assistant Engineer. The transfer was to be effective from the date of graduation, subject to availability of vacancy without ignoring the inter se seniority among those eligible for such transfer. At note (v) appended to Sl.No.10A of Chapter V of the Regulations, it provided that a Junior Engineer who is appointed by transfer as Assistant Engineer on or after 01.07.1976, shall be entitled to count one-third of the service rendered by him as Junior Engineer, prior to appointment as Assistant Engineer, subject to a maximum of 4 years, as if it he had been in the post of Assistant Engineer, for the purpose of consideration for promotion to the post of Assistant Executive Engineer, with two conditions stated therein.
3. The amended provision provided for retrospective seniority over and above the existing Assistant Engineers and therefore, the same was challenged before this Court in the case of M.V.Gurushripad Vs. Karnataka Electricity Board and others, in W.P.No.14622/1986. In the meanwhile, similar provisions fell for consideration before the Hon’ble Supreme Court in the case of K.Narayanan and others Vs. State of Karnataka and others, 1994 Supp.(1) SCC 44 . While striking down the retrospective operation from 01.01.1976, note (ii) was directed to be read as providing eligibility only. Consequently, this Court disposed of Gurushripad’s case directing that note (ii) relating to weightage shall be read as providing eligibility only and the respondent Board was directed to prepare fresh gradation list in the light of the order and in the light of the observation made in the K.Narayanan’s case.
4. In compliance with the directions and observations made by the Hon’ble Supreme Court, the Board amended the Regulations on two occasions i.e, on 16.08.1996 and 27.12.1996. By amendment dated 16.08.1996, Note (v) of para-2 provided that a Junior Engineer (Electrical) who is appointed by transfer as Assistant Engineer (Electrical) on or after 26.07.1986, shall be entitled to count one-third of the service rendered by him as Junior Engineer (Electrical), prior to appointment as Assistant Engineer (Electrical), subject to a maximum of 4 years for the purpose of consideration of his eligibility for promotion to the post of Assistant Executive Engineer (Electrical). It provided that the seniority of Junior Engineer (Electrical) who is appointed as Assistant Engineer (Electrical) shall be fixed in the category of Assistant Engineer (Electrical) from the date of transfer. Further, it provided that a Junior Engineer (Electrical) who is appointed as Assistant Engineer (Electrical) shall put in a minimum service of TWO years on duty as Assistant Engineer (Electrical) after such appointment and a total minimum service of FIVE years inclusive of the service given as weightage as aforesaid to become eligible for promotion to the cadre of Assistant Executive Engineer (Electrical).
5. In the Board order dated 27.12.1996, the minimum period of service as qualification for appointment by transfer was enhanced to 7 years of service as Junior Engineer.
6. Most importan
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