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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
N.V. ANJARIA, C.J., K.V. ARAVIND, J.
The Karnataka Power Transmission Corporation Limited – Appellant
Versus
Sri naveen kumar s. S/o sri shankarappa – Respondent
Writ Appeal No.894 of 2023 (S-RES)
Decided on : 12-09-2024
Promotion - Karnataka Power Transmission Corporation - Section 4 of Karnataka High Court Act, 1961; Regulation 12B(i) of Karnataka Electricity Board Recruitment and Promotion Regulations - The court interpreted that seniority for promotion must be counted from the date of transfer for employees who voluntarily request a transfer, not from their initial entry date.
Fact of the Case:
The appellant challenged a judgment allowing five petitioners' writ petition to set aside a resolution affecting their promotion eligibility after they voluntarily transferred to another circle, claiming their seniority should be counted from their initial entry date.
Finding of the Court:
The court found that the resolution and circular correctly stated that employees who request a transfer forfeit their seniority for promotion purposes, aligning with the regulations governing promotions.
Issues: Whether the petitioners' seniority for promotion should be counted from their initial entry date or from the date of their transfer after voluntarily requesting it.
Ratio Decidendi: The court held that employees who voluntarily transfer to another circle must have their seniority for promotion calculated from the date of transfer, as per the regulations and their undertakings.
Result: The appeal was allowed, and the judgment of the learned Single Judge was set aside.
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 respect of giving promotion to the Junior Engineer (Electrical) under Regulation 12B(i) of Karnataka Electricity Board Recruitment and Promotion (Amendment and Regulations) 2020, Employees Probation Regulation and Employees Seniority Regulation.
2.3 The aforementioned Resolution dealt with the transfer policy. Under the policy, it was resolved inter alia that the employees who opt for inter-circle transfer on their request, will have to forego their seniority for the purpose of promotion. According to the Board, this was necessary for protecting the interests of the parent circle employees. It was provided that the services rendered in one circle by an employee transferred to other circle upon request, shall not be liable to be considered for promotion to the cadre of Junior Engineer (Electrical), and that for the purpose of promotion, the seniority shall be reckoned from the date of their transfer to the transferred circle.
2.4 It was provided in the Resolution that the employee seeking transfer to another circle shall have to furnish an undertaking regarding foregoing of seniority and that until completion of minimum ten years of service in the transferred circle, the employee shall not be treated as eligible for promotion. Circular dated 14th October 2022, which was issued with reference to the said Resolution, was clarificatory about operating Regulation No.12B(i) of the aforesaid Regulation.
3. Petitioner No.1, initially appointed as Assistant Lineman in Mandya circle on 23rd November 2005 and subsequently promoted as Lineman, requested for transfer from Mandya circle to Tumakuru circle. He was transferred to Tumakuru circle on 16th October 2009. He was promoted to the post of Mechanical Grade-II on 26th July 2018.
3.1 Petitioner No.2 came to be appointed as Assistant Lineman on 7th December 2006 in the Udupi Circle. He sought a request transfer to Tumkur Circle. He was transferred on 7th November 2008, thereafter came to be promoted in the year 2010 on the post of lineman, further promoted as Mechanic, Grade-II in the year 2019.
3.1.1 The case of the petitioner No.3 is that he was appointed as Assistant Lineman on 22nd November 2005 in Hassan Circle, and promoted as lineman in the year 2008. He was transferred upon his own request to Tumkur Circle on 16th November 2010 and was promoted to the post of Mechanic, Grade-II in the year 2016. Presently he is working on the said post.
3.1.2 Having been appointed as Assistant Lineman on 14th November 2005 in Udupi Circle, petitioner No.4 came to be promoted as Lineman in the year 2008, sought transfer to Tumkur Circle and was upon request transferred to the said Circle on 12th August 2010. Earning promotion in the year 2020 on the post of Mechanic, Grade-II, the petitioner has been working on the said post.
3.1
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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