KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL) REP. BY ITS DIRECTOR (ADMIN AND HR) Vs. SAKAMMA H.M. AND OTHERS

JUDGEMENT

(1.) The Karnataka Power Transmission Corporation Limited (KPTCL) - Respondent in all the writ petitions before the learned Single Judge, has presented these writ appeals, questioning the correctness or otherwise of the impugned common order passed by the learned Single Judge, in Writ Petition No. 1249/2012, W.P. Nos. 2843 -45/2012 and W.P. Nos. 1250 -55/2012 (S -RES) dated 29th February 2012. In the said writ petitions, the Respondents herein had sought for striking down the appellant's amendment dated 17th August 2010 in No. KPTCL/B16/7962/2009 -10 VIDE Annexure L to the writ petitions. The learned Single Judge, after hearing the parties allowed the said writ petitions with certain directions. Being aggrieved by the said order passed by the learned Single Judge, the respondent therein -KPTCL/Corporation has presented these writ appeals.

(2.) THE brief facts of the case are that, the appellant - erstwhile Karnataka Electricity board/now Karnataka Power Transmission Corporation Limited (hereinafter called as 'Corporation' for short) was entrusted with the job of the electrical power transmission and distribution. Subsequently, the Corporation established an Industrial Training Centre to impart training for both male and female candidates. The purpose of establishing the industrial training Centre was to impart three years vocational training in Lineman/Electrician vocational course. Upon completion of three years training in the training centre and passing the prescribed test conducted by National Council for Vocational Training, the successful candidates were being awarded with National Apprenticeship Certificate by the National Institute for vocational Training. It is governed by its regulations called the Karnataka Electricity Board Recruitment and Promotion Regulations, Employees (Probation) Regulations and Employees (Seniority) Regulations and these Regulations prescribe the method of recruitment and the minimum qualification for the post of Assistant Lineman. The said Regulation specifies that 30% of the Assistant Lineman posts are reserved for direct recruitment of candidates possessing Certificate of three years in Lineman trade/Electrician trade from Industrial Training Institutes of KEB/KPTCL (Corporation). Thus, the Certificate holders from the Industrial Training Centre established by the appellant were having a right to be appointed as Assistant Lineman in their establishment. The said Regulation has been amended as per Annexure L to the writ petition dated 17th August 2010, excluding the candidates who have secured a Certificate from the Industrial Training Center established by the appellant from applying to the post of Assistant Lineman.

(3.) THE said writ petitions came up before the learned Single Judge on 29th February 2012 and the learned Single Judge, after hearing both sides and after considering the entire material available on his file, allowed the said writ petitions and quashed the amended regulation vide Annexure L dated 17th August 2010 and restored the earlier regulation as it stood prior to the date of amendment and declared that the ITC Certificate holders from the appellant/Institute are eligible to apply for the post of Assistant Lineman as per the Notification dated 12th December 2011 vide Annexure M and that female candidates possessing ITC and ITI pass Certificates are also eligible to apply for the post of Assistant Lineman as per Notification dated 12th December 2011. Further, the learned Single Judge directed the appellant/Corporation to issue a corrigendum to Annexure M dated 12th December 2011 on or before eight days from the date of order, inviting applications both from male and female candidates possessing ITC and ITI pass Certificates to the post of Assistant Lineman fixing the last date for receiving applications within two weeks from the date of corrigendum and observed that the candidates who have already applied to the post of Assistant Lineman need not apply again and on receipt of the applications, the appellant shall consider all the applications in accordance with the Regulations and Law and complete the process of selection. Being aggrieved by the said order passed by the learned Single Judge, the appellant/Corporation has presented these writ appeals, seeking appropriate reliefs.