(Prayer: This writ petition is filed under Article 226 of the Constitution of India praying to direct the Respondent -3 to prepare and publish seniority list of group-c and d employees who have exercised option seeking benefit of 371-j and to treat them as local cadre person for reservation in promotion upto 8 percent in the state level institutions within a time limit to be stipulated by this Honourable court and etc.)

Oral Order:

1. In this writ petition, petitioners have sought for the following reliefs:

                  i) To issue a writ of mandamus or any other appropriate writ or order directing the Respondent-3 to prepare and publish seniority list of Group-C and D employees who have exercised option seeking benefit of 371-J and to treat them as local cadre person for reservation in promotion upto 8% in the State level institutions within a time limit to be stipulated by this Hon'ble Court;

                  (ii)      To direct the 3rd Respondent to consider their cases for promotion to the next higher cadre as Junior Engineers under the quota of 8% reserved for local cadre persons under 371-J and consider representations submitted by the Petitioners dated 24.1.2024 and 25.1.2024 (vide Annexure-P to P2 series); and

                  (iii)     To pass such other order as this Hon’ble Court deems fit in the facts and circumstances of the case.

2. The case of the petitioners is that they were appointed as Assistant Linemen between 2005 and 2007; later, they were promoted as Linemen and thereafter, promoted as Meter Readers. Though the petitioners are entitled for promotion to the post of Junior Engineers, they have not been promoted. They have also opted for joining the Local Cadre under 371-J. So far, no seniority list has been prepared in the cadre of Meter Reader reserving 8% in State Level Local Cadre under 371-J. Therefore, the petitioners are before this Court.

3. Learned counsel appearing for the petitioners submitted that pursuant to Karnataka Public Employment (Reservation in appointment for Hyderabad-Karnataka Region) Order, 2013 (for short ‘Order 2013’), the petitioners have submitted their options to consider their case under the Hyderabad-Karnataka Region. Since their case has not been considered, they have submitted representations vide Annexure-P series. Even thereafter, no seniority list has been prepared in the cadre of Meter Reader under the 371-J category. Therefore, the petitioners have approached this Hon'ble Court seeking for a direction to the respondent No.3 to prepare a separate seniority list of Group C and D employees, who have exercised option seeking benefit of 371-J and to treat them as Local Cadre persons for reservation in promotion.

4. Learned counsel appearing for respondent No.2 and learned counsel appearing for respondent No.3 have submitted that under the Order 2013, the State Government has framed Rules called the ‘The Karnataka Public Employment (Reservation in appointment for Hyderabad-Karnataka Region) (Organization of Local Cadre, Allotment and Transfer of Persons) Rules, 2013’ (for short ‘Rules 2013’). Thereafter, the KPTCL has issued a Circular dated 20.03.2014 (Annexure-R1). As per the said Circular, the petitioners have to submit their option in the prescribed format for joining the Local Cadre post. Till today, the petitioners have not complied with the Circular dated 20.03.2014 issued by the Corporation. Therefore, petitioners cannot be treated as Local Cadre persons for reservations in promotion under 371-J, Hyderabad- Karnataka Region category. They further submitted that as per the C & R Rules of the Corporation, the candidates in the cadre of Meter Reader, who are seeking promotion to the post of Junior Engineer, should have completed 5 years of service in the cadre of Meter Reader and should have passed Executive Lower Examination and Kannada Language Test. As per the C & R Rules, the petitioner No.4 has not passed the said examination and petitioner No.1 has not completed 5 years of service in the cadre of Meter Reader. Therefore, they submitted that the petitioners have no locus to seek for a direction to the respondent No.3 to prepare seniority list of Group C and Group D employees, who have not exercised the option seeking benefit under 371-J to treat them as Local Cadre persons for reservation in promotion upto 8% in the State Level Institutions. They further submitted that the seniority list of Meter Readers (Annexure-R10) has already been prepared excluding the petitioners. Since the petitioners are not qualified to be considered under 371-J, their names have not been included in the seniority list and therefore, the petitioners are not entitled for the relief claimed by them. Hence, learned counsel sought for dismissal of the writ petition.

5. Heard the learned counsel for the parties. Perused the writ papers.

6. The petitioners were appointed as Assistant Linemen, later were promoted as Linemen and thereafter, promoted as Meter Readers. By exercising the power conferred under Clause 2 of the Karnataka (Special Responsibility of Governor for Hyderabad-Karnataka Region) Order 2013, the Governor of Karnataka has issued the Order dated 12.07.2013 (Annexure-E) called as ‘The Karnataka Public Employment (Reservation in Appointment for Hyderabad- Karnataka Region) Order, 2013’. Thereafter, the State Government has issued notification dated 29.01.2014 and framed the Rules called ‘The Karnataka Public Employment (Reservation in appointment for Hyderabad-Karnataka Region) (Organization of Local Cadre, Allotment and Transfer of Persons) Rules, 2013’. As per Rule 6 of the said Rules 2013, persons who are willing to join the Local Cadre in Hyderabad-Karnataka Region have to exercise their option within 30 days in a prescribed format. In case of eligible employees, who do not exercise their option within 30 days, it shall be deemed that, they are not interested in joining the Local Cadre. Pursuant to that, KPTCL has issued a Circular dated 20.03.2014 vide Annexure R1. The relevant timelines/conditions stipulated for compliance in the said Circular is as under:

                  “In pursuance of the Hyderabad-Karnataka Region reservation policy of the Government in the matter of recruitment and promotion, the Appointing Authorities are required to take necessary action as per the above orders, amendments and rules issued from time to time. Since the employees in the seniority lists belong to both KPTCL and ESCOMs it is found necessary to adhere to the following timelines for uniform compliance:

                  1.       The Appointing Authorities shall issue necessary 'Certificate of Home Town' in the prescribed format as per ANNEXURE-A of Govt.

                  Notification-l dated 29.01.2014 duly obtaining the details from the concerned establishment to employees belonging to HK Region as per Service Register.

                  2.       Employees desirous of claiming status as Local Person where the same is different from what is indicated in the Service Register shall obtain an 'Eligibility Certificate' in the prescribed format as per ANNEXURE-B of Govt. Notification-I dated 29.01.2014 from the Assistant Commissioner of the Revenue Sub- Division.

                  3.       All employees satisfying the criteria of local person and who are willing to join the Local Cadre may submit their option in the prescribed format as per ANNEXURE-C of Govt. Notification-I dated 29.01.2014 to the concerned Appointing Authorities on or before 30.04.2014.

                  The above timelines may be followed systematically to avoid disparity in the options, allocation and transfer of persons as per the Govt. Orders.”

7. Pursuant to the Circular dated 20.03.2014, in respect of condition No.1 of the Circular, the petitioners have submitted their Certificates of Home Town as per Annexure-F series. In respect of condition No.3 of the Circular is concerned, except petitioner No.4, the other petitioners have not exercised their options to join the Local Cadre.

8. In the statement of objections filed by the respondent No.3, the service registers pertaining to the petitioners have been enclosed. In the service register of petitioner Nos.1, 2 and 3, it is clearly mentioned that they have not opted for joining the Local Cadre and in the service register of petitioner No.4, it is mentioned that he has opted for joining the Local Cadre.

9. Learned counsel appearing for the petitioners submitted that the respondent No.3 itself has recommended the case of the petitioners to be considered for Local Cadre under 371-J, Hyderabad-Karnataka Region. He has relied upon the internal communication of BESCOM dated 27.05.2024 at Annexure-Q.

10. On perusal of the communication at Annexure-Q, it is very clear that it is not the recommendation made by the Corporation to consider the case of the petitioners for Hyderabad-Karnataka Region category. It is only an opinion sought by the Superintendent Engineer from respondent No.3.

11. However, as per the C & R Rules of the Corporation, to seek for promotion to the post of Junior Engineer from the feeder cadre i.e., Meter Reader, one has to satisfy the following conditions:

                  “B) a) In the case of candidates who are having ITI Certificates of 18/24 months course in Electrician or Tele Communication and / or Electronics.

                  i)        Should have put in 5 years of service as Overseer/Meter Reader/Operator / Assistant Store Keeper.

                  ii)       Should have passed Executive Lower examination and Kannada Language Test or obtained Exemption from passing Kannada Language test as per regulations.”

12. In respect of petitioner Nos.1 to 3 are concerned, they have passed the Executive Lower Examination and Kannada Language Test. But they have not opted for joining the Local Cadre post. In respect of petitioner No.4 is concerned, he has not completed the said examination.

13. At this stage, learned counsel for the petitioner submitted that petitioner No.4 has taken the examination and the result is not yet announced.

14. Therefore, as on today, petitioner No.4 is not qualified to be considered for promotion to the post of Junior Engineer.

15. In respect of petitioner Nos.1 to 3 are concerned, they have not submitted their options for joining the Local Cadre as per the circular dated 20.03.2014 and hence, their case cannot be considered under the Local Cadre. Moreover, petitioner No.1 has not completed 5 years of service in the feeder cadre. In respect of petitioner No.4 is concerned, since he has not passed the examination, he is not qualified to seek for promotion to the post of Junior Engineer. Therefore, the petitioners have no right to seek for a direction to the respondent No.3 to prepare or publish the seniority list of Group C and Group D employees, who have exercised the option seeking benefit under 371-J.

16. In view of the above, the writ petition is devoid of merits and accordingly, it is dismissed.