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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 26TH DAY OF JULY 2012

BEFORE
THE HON'BLE MR. JUSTICE SUBHASH B ADI
WRIT PETITION NOS.25103-107/2012(S-PRO)
BETWEEN :
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THE KPTCL DIPLOMA ENGINEERS' ASSOCIATION

REPRESENTED BY ITS
GENERAL SECRETARY,
NO.159, GANGA COMPLEX,
1ST FLOOR, 2ND MAIN,
OPP. NATRAJ THEATRE,
S.C. ROAD,
SESHADRIPURAM,
BANGALORE-560020.

SRI MAHADEVAPPA B M
S/O LATE B MADA,
AGED ABOUT 46 YEARS,
WORKING AS ASSISTANT ENGINEER (ELC),
NO.220, K.V.S.R.S.,
KPTCL, HOOTAGALLI,
MYSORE-18.

SRI RAMACHANDRA NAYAK. L

S/O LATE LAKSHMAN NAYAK,
AGED ABOUT 40 YEARS,
WORKING AS ASSISTANT ENGINEER,
C-5 SUB-DIVISION,
BESCOM,
DR. RAJARAMANNA ROAD,
BANGALORE-560 032.

SRI SHIVASHANKAR N
S/O NYATHAPPA,
AGED ABOUT 48 YEARS,
WORKING AS ASSISTANT ENGINEER,
E-3, SUB-DIVISION,
BESCOM,
M.G.ROAD,
BANGALORE-560 001.

SRI SURESH
S/O KUSHAPPA,
AGED ABOUT 45 YEARS,
WORKING AS ASSITANT ENGINEER,
O/O THE ASSISTANT EXECUTIVE ENGINEER,
C-1 SUB-DIVISION,
BESCOM,
RAJAJINAGAR
BANGALORE-560 010.
...PETITIONERS

( BY SRI. B B BAJENTRI, ADV. )

AND :
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THE STATE OF KARNATAKA

REPRESENTED BY ITS
PRINCIPAL SECRETARY
ENERGY DEPARTMENT,
VIKASA SOUDHA,
BANGALORE-560 001.

THE MANAGING DIRECTOR

KARNATAKA POWER TRANSMISSION
CORPORATION LTD. (KPTCL),
KAVERI BHAVAN,
BANGALORE-560 009.

THE DIRECTOR (ADMIN & HR)

KARNATAKA POWER TRANSMISSION
CORPORATION LTD. (KPTCL),

KAVERI BHAVAN,
BANGALORE-560 009.

...RESPONDENTS

( BY SRI. B.C.PRABHAKAR, ADV. FOR R2 & R3;

SMT.MANJULA KOMMADOLLI, HCGP FOR R1 )
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 2ND
RESPONDENT TO CONSIDER THE PETITIONERS CLAIM FOR
PROMOTION
TO
VACANCIES
AVAILABLE
UNDER
DIRECT
RECRUITMENT QUOTA PROPORTIONATE TO THE QUOTA PRESCRIBED
UNDER R & P REGULATIONS AND TO CONSIDER THEIR
REPRESENTATIONS DATED 16.7.2012 AND 18.7.2012 VIDE ANNEXURES-H
& K.
THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING
THIS DAY THE COURT MADE THE FOLLOWING:

ORDER
Government Pleader is directed to take notice for respondent No.1.
2. Petitioners have sought for a direction to the second respondent to
consider their claim for promotion to the vacancies available under the direct
recruitment quota proportionate to the quota prescribed under the
Recruitment and Promotion Regulations by considering their representations
dated 16.7.2012 and 18.7.2012.
3. The grievance of the petitioners is that, pursuant to the notification
dated 10.7.2012, the Corporation has promoted as many as 492 Assistant
Engineers (Graduate) to the cadre of Assistant Executive Engineer. These

petitioners had brought to the notice of the second respondent that, filling up
of the post of the Assistant Engineer in excess to the quota of 45% available
to the Assistant Executive Engineer (Graduate) would affect the interest of
the petitioners, despite that, the Corporation without taking into
consideration the quota rule, is filling up in excess to 45% and thereby the
chance of the petitioners to seek for promotion to the post of Assistant
Executive Engineer would get reduced. Though this aspect of the matter
was brought to the notice of the Corporation on 16.7.2012, however, same
has not been considered and now the Corporation is going ahead with the
counselling for the posting of the candidates, as such, necessary direction is
required to be issued for stopping the counselling and for promotion of the
petitioners to the next higher post.
4. It is not in dispute that, as many as 492 candidates have been
recruited and promoted under the graduate quota, however, learned Counsel
for the respondent Corporation submits that, if there is any injustice caused
to the petitioners by not following the quota rule, the Corporation will
consider and take suitable steps accordingly. Since the representation is
given only on 18.7.2012, the Corporation require reasonable time. It is also
stated that, the Corporation has followed the quota rule strictly, even if there

is any further requirement to consider, it will be considered.

5. Since 492 candidates have already been promoted, they will be
continued in the same position and if there is some counselling for posting
them, that cannot be stopped only on the ground that, case of the petitioners
is not considered.
6. In my opinion, ends of justice would be met, if the Corporation is
directed to consider the representation in consonance with the Recruitment
and Promotion Regulations as per the quota prescribed therein and in case
any injustice is caused to the petitioners, their cases be considered in
accordance with law. Further, recruitment and promotions would be subject
to ultimate decision that would be taken by the Corporation in pursuance of
the representation given by the petitioners.
For the aforesaid observation, petitions are partly allowed. The
Corporation shall consider the grievance of the petitioners as early as
possible within eight weeks from the date of receipt of copy of this order.

Sd/JUDGE
KNM/-