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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R. Nataraj
Sunil Kumar T.H., Son Of Late Sri Hombale Gowda – Appellant
Versus
State of Karnataka, Represented By Its Principal Secretary, Department of Commerce And Industries – Respondent
ORDER :
R. Nataraj, J.
The petitioner has called in question the Karnataka Industrial Areas Development Board (Cadre and Recruitment) Regulations 2019 as being unconstitutional. He has also sought for quashing the order bearing No.KaKaiPraAMam/ASEC 80 (B)/8932/94-95 dated 25.11.1994 by which, the respondent No.3 was appointed as a Junior Engineer. He has also sought for quashing of the Departmental Promotion Committee (DPC) proceedings dated 07.12.2024 insofar as it relates to recommending the promotion of respondent No.3 as Superintending Engineer.
2. When the petition was filed, the petitioner sought the following reliefs:
(i) to quash the order dated 25-11-94, referred supra, appointing the respondent No.3 as Junior Engineer
(ii) to quash the DPC proceedings dated 07-12-2024 recommending the promotion of respondent No.3 as Superintending Engineer.
3. The petitioner contended that he completed his bachelor degree in Civil Engineering and was directly appointed as Assistant Engineer (Civil) by respondent No.2 vide order dated 31.10.2012. The probation of the petitioner was declared vide Official memorandum dated 02.01.2014. He was promoted as Assistant Executive Engineer (Civil) in term
The court affirmed that a petitioner cannot challenge regulations under which they themselves were promoted, and that amendments made by the State were valid under the governing Act.
The main legal point established in the judgment is that the promotion rules did not violate Articles 14 and 16 of the Constitution of India as the different cadres were not treated as equals, having....
The right of promotion accrued to the petitioner under the Regulations and the Reservation Order cannot be taken away by an executive order.
The main legal point established in the judgment is that promotion to a reserved post is subject to the constitutional mandate and administrative prerogative of the employer, and it cannot be insiste....
The amendment allowing work-charged employees to seek promotion is constitutionally valid, as it involves rational classification and does not violate equality provisions.
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