High Court Karnataka High Court

Shri M Muzamil vs The Managing Director on 18 March, 2008

Karnataka High Court
Shri M Muzamil vs The Managing Director on 18 March, 2008
Author: Cyriac Joseph Malimath
IN THE HIGH OOBRT or xmlwruu. xr    

DATED nus THE 1373 an or  V 7T[j . T4      

PRESENT

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Between:

Shri M.Muzami1   ;:

S10 late Abdu1"?;a.?1ct:7r

Aged about:32*_4 yca_1*s"< _»  V   _ _

Working as Assistant §3'x.e:f(:1.;fi'r..r¢:"'-T.__  _

I-Iebbal Division,uK?'I'CL,_ '    

Hebbal, Bangalolh.' % . .  "  .. Appellant

(By   'Mom'£huja,___{§dvocatc)

A1A1'€l_:_V » ' '

 The Managing DiI"_'<:-ct'm'
V V "K;P.T.C. L._, 
Tjjfind. H.F.'.[)C, Cauveiy Bhavan
-...I%3~m.1_g":a1oz'e -~ 5fi»01~O09 .. Respondent

    Rae, Advocate for Sri Harikrishna I-iolla,

 _ VT  ~'Ffi1's writ appeal along with I.A.No.1 of 2007 coming up for
 "ax;1;3;}éssion on this day, the Court delivered the it'olloWing:-



JUDGMENT

CYRIAC JOSEPH Cd. (Oral)

1. This Writ appeal is am against the judg§§e:§i.’.1*;d;é.:eri’

14.09.2006 in Writ Petition No. 46799, __of 2ee3’1′.3yh$ch”..wa$”” V

dismissed by the learned Single Judge. g’i’h.e

petitioner in the writ petition.

2. The appefiant was §.:As§” Engineer in the
K.I’-‘.’1’.C.L. on compags.-sionate”_ As per
A11nexu.re–A order that the

appellant the probation on
06.09.1996. the year 1999 the appellant
requested 1. for Assistant Engineer and it was
the ‘reepettdeiitdvvide Annexume-C endorsement dated

}.5.’G2.’i§99. stated in Annexure-C is that the appellant

7was neat ‘eppointment as Assistant Engineer as per the

» Reenfiiment Promotion Rules which were in force during his

period’ . The appellant made further representation in

V” smdzttter, but the request was turned down vide Annexure-B

.etidorsement dated 06.1 1.2001. Acxxyxding to Annexure-D only a

person who has completed seven years as Junior Engneer is

eligible to be promoted to the post of Assistant Engineer

respondent was not inclined to relax the rules to

the appeflant and other similarly _pers_o’n’s?.’ Cf

thereafter the appeflant filed Writ e.”.jF;). i

praying for a direction to the zesponadezlt iof *

transfer as Assistant Engneer. The petition
was that aeooniing to Gated 26.07.1986 a
Junior Engineer who could

be appointed by Engineer and that

since the Qualification and since there
were iiefetiihiesistant Engineer, he ought to
iiaire been to the cadre of Assistant Engneer.
that the requirement of minimum service

of seven-i’_ Engineer was intmduced only as per

Qrdwdatcd 30.11.1995. According to the petitioner

H were wracai ncies in existence dunn’ g the penod’ from

(the date of satisfactory completion of probation) and

and hence the pefitioner could have been promoted to

cadre of Assistant Engineer against one of the available

vacaficies. However, the learned Single Judge did not accept the

contention of the petitioner and dismissed the writ petition.” V

3. In mew’ of the inadequate pleading :_a.nd._paI’t4c4 7′ #113313 V’ ” V’ V

petition and in View of the ram’ re of the”:.petifie::zef=fO”six)§is.e.:=: i.he

correct text of the relevant rules it haavefibeen’ Ivioti L’

impossible for any one to__ of the
petitioner. Equally useless was “tl1c’«~_stz1te’.ri:;a:§wt. fitgpjocsons filed by
the respondent in the _ we have made

earnest eiforts to anxiety to ensure

that no izljusfizioe is t9″‘aIl5P€}1ant.

uwhat vee from the mateziais placed on

1996 a Junior Engineer who possessed B.E.

or could be appointed by transfer in the

eadre of Engineer without insisting on any minimum

The requirement of minimum service of seven

introduced for the first time as per Am1exure~–B order

VT 30.11.1996. The ciaim of the appellant for appointment to

the cadre of Assistant Engnecr was in respect of the

to 30.11.1996.

5. It cannot be disputed that the appefiante VV 2

appointed by transfer in the cadre of Aseigtérit’ :he_

completed the period of pmbafion irrthe uf’ V L’

The appcllanfs probation was deeB3red_ the “cas;lIe,,:§of Junior
Engineer with efiect from ?3iif§l:lre’orticr declaring the
probation was passed pnly:-On” 1″ Annexure-B

order dated 30.1; V’ ::;'”ot1:.cr words, by the

time the probéiieziiiieoi; deciarcd the new Rule
insisting oxra mH1Im” V’ seven years had already come

intoforce. * 2

6. Even »t1_1ough-.. method of xecnzitmcnt to the post of

appointment by transfer in addition to

the ‘ and promotion the materials placed on

any ratio for each of the methods.

-. jifiherefom, “e§en if the method of Ieczuitxnent provided for

by transfer. the appefiant could not have clann’ ed

ggrzent as a matter of mg’ ht. Neither the petitioner in the Writ

petition nor the respondent in the statement of

disclosed Whether there were any other qualified

who were senior to the appeflant in fl3e.ead_:e of d” V

during the xelevant period.

7. The claim of the appellant cou’kl:Vxi1ot Vt

for yet another reason. isyiio ‘evetiaent that dtzling the
period from 06.09.1996 and £30.11 fepvjaellant had made
any request for appoititmenitfee u Even afler

declaration of wide ogtier dated 22.05.1997,

the appeflalttd did’ ~ immediately. The
appellant at-3 ilsequest for the titst time only in
the year 1099 Wes vide Annexune~C order dated
a_He ehallenge Annexure~C order in any Court

of Vt He appears to have made further

‘ Vt o’*A….repIese’3attei’tion_ was rejected vide Annexurev-D order dated

he kept quiet for another two years; and filed the

on 27.10.2003. Hence the respondent was justified in

contention in the statement of objections that the writ

,’ liable to be dismissed on the ground of delay and

laches alike. In the above circumstances, we do not fin?! any

in the Writ appeal, the Writ appeal is dismissed.

8. Since we are dismissing the apptéal

not considered the application for oon§iG3}ati<$n'«– pf 'H'I'11sc
Justice

Judgg