- 1 - NC: 2025:KHC:3569 WP No. 4539 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.4539 OF 2023 (S-RES) BETWEEN: DIVAKARA H.S. S/O LATE SURESH, AGED ABOUT 35 YEARS, WORKING AS LINEMAN CESCOM, MUDALAHIPPE, SECTION, HOLENARASIPURA SUB DIVISION AND DIVISION, HOLENARASIPURA, HASSAN DISTRICT …PETITIONER (BY SRI. SRINIVASA K., ADVOCATE) AND: 1. THE GENERAL MANAGER (A AND HR) CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED CESC, MYSORE-560 017 2. THE SUPERINTENDING ENGINEER (ELE) O AND M CIRCLE, CESCOM, SANTHEPETE, B.M. ROAD, HASSAN-573 201. 3. I.R. JAGADISH AGED ABOUT 52 YEARS, WORKING AS LINEMAN, CESCOM, BELUR SECTION, HASSAN CIRCLE, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3569 WP No. 4539 of 2023 BELUR - 573 201. 4. B.K. RAJKUMAR AGED ABOUT 57 YEARS, WORKING AS LINEMAN, CESCOM, UDAYAPURA SECTION, HASSAN CIRCLE HASSAN - 573 201. …RESPONDENTS (BY SRI. SHANMUKHA G.C., ADVOCATE FOR R1 AND R2; SRI. VEDHU KUMAR Y.S., ADVOCATE FOR C/R3 AND R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT BEARING DATED 24.01.2023 ISSUED BY THE R-2 VIDE ANNEXURE-K TO THE WRIT PETITION. DIRECTING THE RESPONDENTS TO DEPUTE THE PETITIONER TO PPT TRAINING AND THEREAFTER TO PROMOTE HIM TO THE CADRE OF METER READER, SUPERVISOR, ASST. STORE KEEPER IN ACCORDANCE WITH THE REGULATION OF THE RESPONDENTS AND EARLIER TO THE PROMOTION OF R-3 AND 4. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:3569 WP No. 4539 of 2023 ORAL ORDER The petitioner, a Lineman working in the respondent- Chamundeshwari Electricity Supply Corporation Limited (CESCOM) is before this Court under Article 226 of the Constitution of India, questioning the Endorsement bearing No.CEA(«)/G¯É¤/¯ÉC/»¸À/6492 dated 24.01.2023 (Annexure-K) whereunder the petitioner's request to include his name in the Seniority/Eligibility List of candidates to be considered for promotion for the post of Meter Reader/Supervisor/Assistant Store Keeper, is rejected. 2. Heard Sri. Srinivasa.K., learned counsel for the petitioner and perused the writ petition papers. 3. Learned counsel for the petitioner would submit that the petitioner is working as Lineman in the respondent-CESCOM since 2007. It is stated that the petitioner belongs to Scheduled Caste category and he has passed ITT Course. Learned counsel would further submit - 4 - NC: 2025:KHC:3569 WP No. 4539 of 2023 that next promotion to the post of Lineman is Meter Reader as per the Regulations of the respondent-CESCOM. For consideration of the Lineman case for promotion, such Lineman shall have to undergo training and the petitioner has completed such training only in March-2023. It is the case of the petitioner that though his Juniors were sent for such training earlier to him, he was not sent for training along with his Juniors. His Juniors' cases were considered for promotion and it is stated that they were promoted in February-2023. In that regard, learned counsel invites attention of this Court to Annexure-L, Eligibility List of Linemans who were considered for promotion as Meter Reader/Supervisor/Assistant Store Keeper. 4. Learned counsel for the petitioner further submits that the action of the respondent-CESCOM in not sending the petitioner for training when he was eligible is totally arbitrary and unreasonable. It is also submitted that without sending the petitioner for training, the respondent-CESCOM could not have sent his Juniors for - 5 - NC: 2025:KHC:3569 WP No. 4539 of 2023 training. Hence, learned counsel would submit that the petitioner's case for promotion ought to have been considered along with his Juniors. Thus, he prays for allowing the writ petition by quashing the impugned Endorsement and direct the respondent-CESCOM to promote the petitioner to the post of Meter Reader/Supervisor/Assistant Store Keeper in terms of Regulations of the respondent-CESCOM. 5. Having heard the learned counsel for the petitioner and on perusal of the writ petition papers, the only point which falls for consideration is as to "Whether the petitioner was eligible for promotion to the cadre of Meter Reader/Supervisor/Assistant Store Keeper as on the date of his juniors promotion?" 6. Answer to the above point would be in the 'Negative' for the following reasons: The petitioner was not eligible for promotion as on the date of his Juniors' promotion since the petitioner completed requisite training only in March-2023. - 6 - NC: 2025:KHC:3569 WP No. 4539 of 2023 7. The submission of the petitioner is that for promotion to the cadre of Meter Reader/Supervisor/Assistant Store Keeper from the cadre of Lineman is on completion of training that would be imparted by the respondent-CESCOM. Admittedly, the petitioner completed such training only in March-2023. The grievance of the petitioner is that he was not sent to such training along with his Juniors, but the petitioner has not challenged such action of the respondent-CESCOM, sending his Juniors for training earlier to him in February- 2023. The list of the candidates who were eligible for promotion was prepared and it is submitted that in February, 2023 itself those persons were promoted as Meter Readers. 8. Admittedly, as on February-2023, the petitioner had not completed the requisite training. Therefore, no fault could be found with the respondent-CESCOM in not including the petitioner's name in the said Eligibility List. A Lineman becomes eligible for promotion only if he qualifies - 7 - NC: 2025:KHC:3569 WP No. 4539 of 2023 in terms of Cadre and Recruitment Rules. If the Cadre and Recruitment Rules requires a Lineman to undergo training, the petitioner shall have to become eligible in terms of Cadre and Recruitment Rules. The impugned Endorsement bearing No.CEA(«)/G¯É¤/¯ÉC/»¸À/6492 dated 24.01.2023 (Annexure-K), makes it abundantly clear that the petitioner was not eligible as on the date of preparing Seniority/Eligibility List dated 05.11.2022. Thus, I do not find any merit in the writ petition and accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 41