KARNATAKA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD Vs. KARNATAKA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD. (KEONICS)

JUDGEMENT

(1.) The petitioners are Associations who made prayer in this writ petition seeking for direction to respondents 1 and 2 to give effect to promotion to its members in accordance with C & R Rules and to give promotion to the employees after obtaining the approval from the Government. Since the approval has not been obtained, they sought to quash the order dated 13.12.2013 vide Annexure A passed by the first respondent effecting retrospective promotion to 3rd and 4th respondents to the post of Manager as the same is unconstitutional, illegal and affects the morale of the senior employees/workers of the first respondent-Corporation.

(2.) The learned counsel for the petitioners submits that a relief of direction may be issued to the respondents 1 and 2 to give promotion to its employees in accordance with cadre and recruitment rules. The promotion is given to respondents 3 and 4 with retrospective effect even without complying with the C & R Rules and it was direction from this Hon'ble Court in W.A. No. 364/08 decided on 14.12.2009 in the case of N. Ramesh Vs. The Government Tool Rooms and Trading Centre and others, that the public sector undertakings to comply with the cadre and recruitment rules for the purpose of promotion. In the year 1989 the C & R Regulations have been framed and the same was amended in 2007. However, the said rules have not been approved by the Government. Without getting approval from the Government, the respondents 1 and 2 hurried and effected promotion of respondents 3 and 4 which is unconstitutional and against the direction in W.A. No. 364/08.

(3.) The grounds urged by the petitioners is that the action of the first respondent in granting promotion to respondents 3 and 4 with effect from 1984 to the post of Manager by overlooking the seniority of other scheduled castes/scheduled Tribes employees of the first respondent-Corporation is in contravention of the directives issued by the D.B. of this Court in W.A. No. 364/2008.