RANGARAMU M.R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these batch of petitions, a challenge has been made to the Karnataka Municipal Corporations (Common Recruitment of Officers and Employees) Rules, 2011 notified on 11/4/2011 insofar as providing for filling up of 25% of the promotion to the post of Assistant Executive Engineer (Civil) from the cadre of Junior Engineer (Civil), inter alia, sought for promotion to the cadre of Assistant Executive Engineer only from the feeder cadre i.e. from the post of the Assistant Engineer, the petitioners have approached this court under Article 226 of Constitution of India. FACTS OF THE CASE

(2.) Factual matrix of the cases are that, the petitioners claim to be appointed as Assistant Engineers and it is averred that, the service conditions of the petitioners are governed under the Rules called as "Karnataka Municipal Corporations (Common Recruitment of Officers and Employees) Rules, 2011 (for short, hereinafter referred to as Rules, 2011). The method of filling up of posts in the cadres of Assistant Executive Engineer, Assistant Engineer and Junior Engineer, is as follows: <IMG>JUDGEMENT_458_LAWS(KAR)7_2023_1.jpg</IMG>

(3.) It is contended by the petitioners that, the above Rules make it clear that, the cadre of Assistant Executive Engineer is filled up by way of promotion from the cadre of Assistant Engineer as well as directly from the cadre of Junior Engineer. It is further stated that, the State Government has issued Circular dtd. 6/7/2020, reiterating the earlier Circular dtd. 8/10/2004, directing the respective Departments to amend the Cadre and Recruitment Rules on every three years. It is the categorical submission of the petitioners that there is no accelerated promotion from the cadre of Junior Engineer to the cadre of Assistant Executive Engineer from the Department of Rural Development and Panchayat Raj and Department of Public Works and Karnataka Rural Infrastructure Development Limited etc. In this backdrop, the petitioners contended that, the Rules 2011, has not been amended till date and 25% of the cadre of Assistant Executive Engineer is being filled up by promotion from the cadre of Junior Engineer, which is, illegal and contrary to law. Hence, the petitioners have presented these writ petitions.