Karnataka Power Transmission Corporation Limited (KPTCL) vs Sakamma H.M. and Others

N.K. Patil, J.—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.

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.

It is the case of the appellant that the Industrial Training Center established by the appellant/Corporation was training both male and female candidates and according to the appellant, the training center came to be closed in the year 2005. Upto 2005, both male and female candidates who were possessing ITC Certificates were appointed as Assistant Lineman. Now, under the amended Regulation, vide Annexure M to the writ petition, the female candidates are barred from applying to the post of Assistant Lineman. The respondents who are the Certificate holders from the appellant''s Industrial Training Center being aggrieved by the amended Regulations filed writ petitions before the learned Single Judge.

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.

We have heard learned Senior counsel appearing for appellant/Corporation and learned counsel appearing for respondents.

Learned Senior counsel appearing for appellant/Corporation submitted that the writ appeals filed by appellant/Corporation may be disposed of in the light of the statements made in the memo dated 8th November, 2013 filed u/s 151 of the Civil Procedure code, r/w. Article 226 of the Constitution of India and another memo dated 26th November 2013 filed by appellant/Corporation and modify the impugned order passed by the learned Single Judge dated 29th February 2012 passed in the impugned writ petitions, in view of the various subsequent developments that have taken place and also in the interest of justice and equity.

Further, learned Senior counsel appearing for appellant/Corporation specifically pointed out and submitted that in view of the memo dated 26th November 2013, it may be clarified that in so far as the age relaxation of the respondents in these appeals are concerned, who are holding ITC qualification, as and when notifications for employment are issued, age relaxation to such respondents will be provided from 12-12-2011 upto the date of employment notification to be issued by appellant/Corporation and that this should not be made as a precedent to other cases.

In reply to the submission of the learned Senior counsel appearing for appellant/Corporation, learned counsel appearing for respondents fairly submitted that in the light of the statements made in the memo dated 26th November 2013, duly signed by the Assistant General Manager (Law), Corporate Office of the appellant/Corporation, attested by learned counsel appearing for appellant, the writ appeals filed by appellant/Corporation may be disposed of, modifying the order passed by the learned Single Judge, only in so far as it relates to direction Nos. (V) to (VII) and retaining the direction Nos. (II) to (IV).

The statements made in the memo dated 8th November 2013 read thus:

The Applicant above named respectfully submits as under:

In the present appeal, the appellant has challenged the correctness of the order of the Learned Single Judge in W.P. No. 1249/2012 connected with other writ petitions wherein the Learned Single Judge has quashed the amended regulations dated 17.8.2010 and had declared that ITC certificate holders from the institute run by the appellant were eligible to apply for the post of Assistant Linemen as per the unamended regulations introduced on 12.12.2011. The Learned Single Judge had also declared that female candidates having ITI and ITC certificates are also eligible to apply for the post of Assistant Linemen as per the notification dated 12.12.2011. In view of these findings, the Learned Single Judge has directed that corrigendum be issued to the notification dated 12.12.2011 for inviting applications from both male and female candidates possessing ITI and ITC certificates for the post of Assistant Linemen. This Hon''ble Court after hearing the parties was pleased to admit the appeal and grant stay as the operation of the impugned order till further orders.

During the pendency of the present appeal, certain important developments have taken place. The Learned Single Judge in W.P. No. 11599/2008, by order dated 02.03 2012, had quashed dated 27.12.2006 which was a communication from the Government of Karnataka providing exemption from the requirement of providing reservation to the women candidates for the post of Assistant Linemen, Station Attendant Grade II, Attendant Grade II (MT/RT/TCD), Helper Stores, Probationary Mazdoor, etc., in the appellant company and ESCOMs. It was held that there was no scientific survey with regard to the suitability of women candidates for the aforementioned posts and specific reasons were not assigned for granting such exemption. Copy of the order dated 02.03.2012 is produced as Annexure-1.

Pursuant to the said decision, a detailed study by the Institute for Social and Economic Change was commissioned and pursuant to the same, a detailed report has been submitted on 10.08.2012. The report, after field study and considering all parameters suggested that recruiting women for the posts mentioned above was not suitable in view of the nature of work involved. Copy of the report is produced as Annexure-2. The said report has been placed before the Government and on due consideration of the same, the Government has passed order dated 19.01.2013 granting exemption from providing 30% reservation for women in respect of Assistant Linemen and Station Attendant Grade II. Copy of the Government Order is produced as Annexure-3.

In view of the aforementioned developments, the directions in the impugned order would deserve modifications.

In respect of the recruitment of persons holding ITC certificate is concerned, initially 30% of posts for recruitment of Assistant Linemen Group III was earmarked for persons holding 10th Standard Pass Certificate and having a Pass Certificate of three years in Linemen trade and Electrician (Trade imparted by ITI of KEB/KPTCL. By the amended regulations dated 17.08.2010 (page 128 of the Appeal Memo), the qualifying requirements were changed. The main reason for eliminating candidates with ITC qualification was the non-availability of candidates holding ITC qualification to fill-up 30% of the posts. It is the case of the appellant that the Training Institute run by the appellant was discontinued from the year 2002. The last batch of trainees came out of the Institute between the years 2002-2005. The decision to not consider ITC certification as qualification was by way of amended regulations w.e.f. 17.08.2010. It was also noted that in the last recruitment held in 2007 only 466 applications were received as against the available posts of 765 which resulted in non-filling of 289 posts. The decision to eliminate ITC certificate holders as being eligible for recruitment was as a result of these developments.

In the light of the developments which have taken place as stated supra and also in view of the petitions filed by persons holding ITC certificates, the appellant is desirous of notifying for recruitment of Assistant Linemen in terms of the Regulations as it stood prior to 17.08.2010. However, the appellant is desirous of filling the 30% of posts reserved for the candidates under ITC. If there is any shortfall, the same will be filled by ITI candidates.

In the circumstances, the appellant is filing the present application seeking disposal of the appeal with necessary modification to the impugned order.

If this present application is not allowed, great hardship and injury will be caused to the applicant. To the contrary, no hardship or injury will be caused to the respondents if the same is allowed.

The statements made in the memo dated 26th November 2013 read thus: The Appellant submits that in so far as the age qualification of the Respondents in these appeals are concerned, who are holding ITC qualification, as and when notifications for employment are issued, age relaxation to such respondents will be provided from 12.12.2011 upto date of employment notification to be issued. It is submitted that the same may kindly be taken on record in the interest of justice.

In the light of the statements made in the aforesaid memos dated 8th November 2013 and 26th November 2013, the writ appeals filed by appellant/Corporation are disposed of with the following directions: I] The impugned common order passed by the learned Single Judge dated 29th February 2012, in Writ Petition No. 1249/2012 c/w. W.P. Nos. 2843-45/2012 and W.P. Nos. 1250-55/2012 (S-RES) is hereby set aside only in so far as it relates to direction Nos. (V) to (VII);

II] Direction Nos. (II) to (IV) issued by the learned Single Judge are retained and hereby confirmed;

III] In addition to the said directions, the appellant/Corporation is further directed to provide age relaxation from 12-12-2011 to these respondents as and when employment Notification is issued for filling up the post of Assistant Lineman, in the light of the memos filed by the Appellant/Corporation;

IV] Further, the appellant/Corporation is directed to refund the amount collected towards filling up of the said posts as per the Notification dated 12-12 2011, expeditiously, if the respondents have paid the prescribed fee;

V] It is made clear that the aforesaid direction No. (III) issued in these appeals shall not be made precedent to other cases.

In view of disposal of these appeals, I.A.I/2013 does not survive for consideration and is according disposed of as having become infructuous.