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N. V. ANJARIA, K. V. ARAVIND
Karnataka Power Transmission Corporation Limited – Appellant
Versus
naveen kumar s. S/o sri shankarappa – Respondent
JUDGMENT :
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
In the present appeal under Section 4 of the Karnataka high Court Act, 1961, the appellant-Karnataka Power Transmission Corporation Limited has challenged judgment and order dated 21st March 2023 of learned Single Judge, whereby the writ petition filed by the respondent-petitioners, five in numbers, came to be allowed.
2. The prayers made in the writ petition were to set aside resolution dated 20th September 2022, passed by the appellant- Corporation, as well as to set aside the consequential Circular dated 14th October 2022 issued by the Corporation.
2.1 It was next prayed to direct respondent Nos.3 and 4-the Superintending Engineer (Electrical), Tumukuru and Hassan circles respectively, to consider the case of the petitioners for promotion to the post of Junior Engineer and to promote them on the post as per the Karnataka Electricity Board Recruitment and Promotion (Amendment and Regulations) 2020 and Circular dated 12th June 2020.
2.2 In the impugned resolution dated 20th September 2022 passed by the Board of Directors at its 132nd meeting dated 4th August 2022, the Board considered the issue of clarification in re
Employees who voluntarily transfer forfeit their seniority for promotion, which must be calculated from the date of transfer, not from their initial entry date.
Employees transferred at their own request must forfeit previous seniority and accept the lowest rank in the new department, as stipulated by service regulations.
Employment and Service matter - Assistant Engineers - Appointment of - Provisions of ‘Appointment by Transfer’ was restricted to count one third of service rendered by Junior Engineers prior to appoi....
Transfer orders within a corporation are valid administrative actions and do not require statutory regulations, affirming the limited scope of judicial review in such matters.
Transfer orders violating established seniority rules and adversely affecting employee rights are unlawful, necessitating fresh orders that respect seniority and consider administrative exigencies.
Transfer orders violating seniority jurisdiction are improper; employee rights must be balanced with administrative needs.
Past service should be acknowledged for promotion eligibility, yet current seniority dictates actual entitlement, emphasizing fairness and administrative integrity in promotions.
Mutual transfers in Railway services must respect original seniority unless justified; improper reassignment mandates corrective action.
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