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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, TARA VITASTA GANJU
K. Harisha, S/o. Late Keshava Murthy – Appellant
Versus
Karnataka Power Corporation Ltd. – Respondent
JUDGMENT :
D. K. SINGH, J.
1. The present intra-court appeals have been filed being aggrieved by the judgment and order dated 04.12.2024 passed by the learned Single Judge in W.P.No.11925/2012.
2. For the sake of convenience, the parties are referred to as per their ranking in the writ petition No.11925/2012.
3. The petitioners are all graduate Engineers of different batches appointed as Assistant Engineer in the Karnataka Power Corporation Ltd (hereinafter referred to as 'the KPCL'). The private respondents were initially appointed as Junior Engineers and having obtained the degree and acquired eligibility, got promoted and appointed by transfer as Assistant Engineer. The recruitment and service conditions of the Assistant Engineer in the KPCL are governed under the provisions of the Cadre and Recruitment Rules, 1992 of the KPCL. There are two sources of recruitment to the post of Assistant Engineer (Civil/Electrical/Mechanical/Instrumentation) viz., by direct recruitment of the persons having a degree or equivalent qualification in respective Engineering discipline and by transfer of Junior Engineer having three years diploma qualification on acquiring an Engineering degree or equiva
Seniority in service must be calculated from the date of actual promotion, not from earlier service; prior service only counts for eligibility, not seniority.
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....
Promotion – In absence of any statutory provision or rule made thereunder or under proviso appended to Article 309 of Constitution of India, once an incumbent is appointed to post according to rules,....
Point of Law : Public orders made by public authorities are meant to have public effect and are intended to effect actings and conduct of those to whom they are addressed and must be construed object....
(1) Promotion – Once a person joins as an Assistant Engineer, i.e. feeder post under a separate service governed by Special Rules, 1960, then that person irrespective of how he/she has been appointed....
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
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