Point of Law: when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.

ORDER :

The petitioners in this writ petition who are seventeen in number call in question an order of promotion dated 13-03-2020, promoting private respondent Nos.3 to 18 to the cadre of Tax Inspector ignoring the claim of the petitioners.

2. Sans unnecessary details, the facts in brief as averred by the petitioners in the writ petition, are as follows:-

All the petitioners entered the service of Bruhat Bengaluru Mahanagara Palike (hereinafter referred to as ‘the BBMP’ for short) as Group-D employees with the qualification of SSLC, which was the requisite qualification for the post at the time of their entry. The petitioners entered service between 18-12-2002 and 19-04-2010. The petitioners further claim that they have cleared all the requisite departmental examinations for consideration of their cases for promotion to the next higher cadre which is Tax Inspector/Second Division Assistant.

3. On 13-12-2013, an amendment was brought about to the Karnataka Civil Services (Recruitment to Ministerial Posts) Rules, 1978 by the Karnataka Civil Services (Recruitment to Ministerial Posts) (Amendment) Rules, 2013, substituting the qualification of pass in Pre-University Course in place of SSLC for the post of Second Division Assistants and equivalent posts. It further transpires that on 21-12-2014, the said Rules further came to be amended by way of clarification that PUC or equivalent qualification would not be insisted upon employees who have already joined service with SSLC qualification for promotion to higher cadre. Owing to the clarification made in the year 2014, several employees of the BBMP who were similarly situated as that of the petitioners with the qualification of SSLC were all promoted to the cadre of Tax Inspector on 26-09-2016. The employees who were promoted were all seniors to the petitioners and the qualification which they possessed was that of a pass in SSLC.

4. Considering the seniority of the petitioners, they were placed on in-charge basis in the cadre of Tax Inspector which is the next higher cadre for promotion from Group-D posts in the BBMP. When the petitioners were all working as Tax Inspectors on in-charge basis, a Circular was issued on 03-10-2019 calling for service particulars of the petitioners in tune with their seniority. But promotions were not granted despite summoning of records for a long time. This drove some of the petitioners to this Court in Writ Petition No. 4877 of 2020 seeking a mandamus to consider their cases for promotion. This came to be disposed of by this Court on 02-03-2020 directing the BBMP to act efficaciously and expeditiously and complete grant of promotion as permissible in law.

5. Promotions to the petitioners were not granted, but the promotions of private respondents 3 to 18 were granted on 13-03-2020 along with others to the post of Second Division Assistants or Tax Inspectors as the case would be. This promotion was granted to the private respondents on the ground that the requisite qualification in terms of the Rules obtaining at the relevant point in time was a pass in PUC and the petitioners herein are holders of SSLC. It is however now contended the State Government on 16-03-2020, notified new Rules to the employees of BBMP namely Bruhat Bengaluru Mahanagara Palike (General Cadre and Recruitment of Officers and Employees) Rules, 2018 in exercise of powers conferred by Government under Section 71 read with Section 421 of the Karnataka Municipal Corporations Act, 1976. This came into effect from 16-03-2020. In the newly framed Rules to the posts of Second Division Assistants or Tax Inspectors, the minimum qualification depicted is PUC. It is the grant of promotions ignoring the cases of the petitioners to the private respondents that is called in question in the writ petition.

6. Heard Shri V. Laxminarayana, learned Senior Counsel for Shri V. Srinivas, learned counsel for the