IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF FEBRUARY, 2025 BEFORE THE HON’BLE MR.JUSTICE S.G.PANDIT WRIT PETITION No.12426/2024 (S-RES) BETWEEN: SMT. H.G. LAKSHMI AGED ABOUT 40 YEARS W/O H.R. KANTHARAJU #223, 1ST MAIN ROAD VIJAYANANDA NAGAR NANDINI LAYOUT BANGALORE – 560096. AND ALSO AT: H.G. LAKSHMI GROUP ‘D' EMPLOYEE JOINT SECRETARY OFFICE 1ST FLOOR, ROOM NO.156 KARNATAKA VIDHANA PARISHAT VIDHANA SOUDHA BANGALORE-560001. ...PETITIONER (BY SRI. KESHAVA BHAT A., ADV.) AND: 1. SECRETARY KARNATAKA LEGISLATIVE COUNCIL ROOM NO.156-C, 1ST FLOOR VIDHANASOUDHA BANGALORE-560001. 2 2. CHAIRMAN KARNATAKA LEGISLATIVE COUNCIL ROOM NO.117, 1ST FLOOR VISHANASOUDHA BANGALORE-560001. ….RESPONDENTS (BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE ORDER AT ANNEXURE-A PASSED BY THE CHAIRMAN KARNATAKA LEGISLATIVE COUNCIL VIDHANA SOUDHA BANGALOE DATED 12.03.2024 IN NO.KVP A1 179 NENE 2023 IN SO FAR AS PETITIONER CONCERNED AND B) TO DIRECT SECRETARY AND CHAIRMAN KARNATAKA LEGISLATIVE COUNCIL TO PROMOTE LAKSHMI H.G. TO GROUP ‘C’ CADRE FROM GROUP ‘D’ CADRE TO JUNIOR ASSISTANT POST. THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 28/01/2025 COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE MR JUSTICE S.G.PANDIT CAV ORDER The petitioner, working as Group-D employee in respondent No.1-Karnataka Legislative Council Secretariat (for short “Secretariat”) is before this Court, questioning Annexure-A/Notification dated 12.03.2024 calling applications to fill up various posts including 8 3 posts of Junior Assistants, by way of direct recruitment and the petitioner has also sought for a direction to promote the petitioner as Junior Assistant, a Group-C post from Group-D cadre. 2. The brief facts of the case are that: The petitioner is working as Group-D employee in the first respondent-Council since 2010. It is stated that the post of Junior Assistant in terms of Cadre and Recruitment Rules published under Notification dated 18.12.2003 (Annexure-B1) is to be filled up 25% by Direct Recruitment and 75% by promotion from the cadre of Group-D employees. Under Notification dated 01.04.2022 (Annexure-A1), respondent No.1 brought into force the Karnataka Legislative Council Secretariat (Recruitment and Conditions of Service of Officers and Employees) Rules 2021 (for short “2021 Rules”) by repealing Karnataka Legislative Council Secretariat (Recruitment and Conditions of Service) Rules, 2003. 4 In terms of 2021 Rules, method of recruitment to the post of Junior Assistant, cadre strength of which is 23, 50% by promotion from the cadre of Group-D officials on the basis of seniority and 50% by direct recruitment. Qualification for promotion and transfer, one must have passed PUC or equivalent and must have put in a service of not less than 5 years in the cadre of Group-D. It is the grievance of the petitioner that without considering her case for promotion to the cadre of Junior Assistant, respondent Nos.1 and 2 have resorted to direct recruitment of 8 posts of Junior Assistants. Questioning the said direct recruitment notification dated 12.03.2024 in respect of the Junior Assistants, the petitioner is before this Court in this writ petition. 3. Heard learned counsel Sri.A.Keshava Bhat for petitioner, Sri.Shivaprabhu Hiremath, learned Additional Government Advocate for respondents. Perused the writ petition papers. 5 4. Learned counsel for the petitioner would submit that the petitioner, who was working as Group-D employee in the first respondent-Secretariat is entitled for consideration of her case for promotion to the post of Junior Assistant. He submits that 50% of posts of Junior Assistant in terms of Recruitment Rules at Annexure-A1 dated 01.04.2022 is to be filled up by promotion and under the quota meant for promotion, the petitioner would be entitled for consideration of her case for promotion. Learned counsel would vehemently contend that without considering the case of petitioner for promotion, respondents have resorted to direct recruitment which is opposed to Cadre and Recruitment Rules and it would amount to denying opportunity to the petitioner for promotion to the cadre of Junior Assistant. Learned counsel Sri.Keshava Bhat submits that there are promotional vacancies on retirement of 5 officials belonging to Group-D employees and the petitioner 6 would be entitled for promotion to those vacancies. The petitioner has filed an affidavit dated 21.01.2025 indicating the names of 5 officials who had retired and seeks promotion to the said vacancies and submits that none of the said vacancies have been filled up. Thus, learned counsel would pray for allowing the writ petition. 5. Per contra, learned Additional Government Advocate would submit that there are totally 23 posts of Junior Assistants in the first respondent-Secretariat in terms of Cadre and Recruitment Rules at Annexure-A1 dated 01.04.2022. Further, he submits that 50% of posts is meant for promotion from Cadre of Group-D officials and as against 50%, promotional vacancy is 11 and there are 13 promotees working and only 2 direct recruitees are working as against 10 posts meant for direct recruitees. Learned Additional Government Advocate referring to statement of objections filed would submit that when the quota meant for promotion of in- 7 service candidates arises, case of the petitioner would be considered. It is also submitted that the direct recruitment quota is not filled up for the last 12 years and the vacancies existing as on this date are meant for direct recruitment, there are no promotional vacancies to consider the case of petitioner for promotion. Learned Additional Government Advocate also refers to affidavit dated 10.01.2025 filed by respondent No.1 and submits that names of 13 promotees working at present is indicated in the affidavit and he submits that there are no promotional vacancies as on this date. Thus, he prays for dismissal of the writ petition. 6. Having heard the learned counsel for the parties and on perusal of the writ petition papers, the only point which falls for consideration is as to whether the petitioner has made out any ground to interfere with the direct recruitment notification to the post of Junior Assistants.? 8 7. Answer to the above point would be in the negative as the petitioner has not made out any ground to interfere with the direct recruitment notification to the post of Junior Assistant for the following reasons: The petitioner is working as Sweeper-cum- Scavenger in pursuance of the O.M. dated 07.06.2010 (Annexure-B) in the first respondent-Secretariat. In terms of 2021 Rules, the method of recruitment insofar as Junior Assistant reads as follows: Junior Assistant (Rs.21400- 42000) 23 Fifty Percent by Promotion from Cadre of Group- ‘D’ Officials on the basis of combined seniority Out of fifty percent of posts reserved for promotion 10% of posts shall be filled by transfer from the cadre of Driver and 10% by change of cadre from the cadre of Data Entry Assistant/ Typist in For promotion and transfer: a)must have passed PUC or equivalent Examination. b) Must have put in a service of not less than 5 years in the cadre of Group-‘D’ (Jamedhar/Office Attender/Watchman/ Dalayath/Cycle Orderly/Cleaner Sweeper-cum- Scavenger or Driver. For Direct Recruitment: 9 accordance with the prevailing rules in the State Government. If eligible candidates are not available for promotion then by direct recruitment. AND Fifty percent By Direct Recruitment Must have passed Bachelor’s Degree from recognized University. 8. In terms of the above Rule, the post of Junior Assistant, cadre strength of which is 23 is to be filled up, 50% by promotion from the cadre of Group-D officials on the basis of combined seniority. Out of 50% of posts reserved for promotion, 10% shall be filled by transfer from the cadre of Driver and 10% by change of cadre of Data Entry Assistant/Typist in accordance with the prevailing rules in the State Government. If eligible candidates are not available for promotion, then by direct recruitment remaining 50%. For promotion and 10 transfer, one must have passed PUC or equivalent examination and must have put in a service of not less 5 years in the cadre of Group-D. Out of 23 posts in the cadre of Junior Assistants, 12 posts are meant for promotion and 11 posts are meant for direct recruitment. As against 12 posts meant for promotees, 13 persons are already working in terms of the affidavit of the first respondent dated 10.01.2025, in which their names are indicated. When the promotees are in excess of their quota, the petitioner cannot seek promotion and petitioner would be eligible for promotion within promotional quota. Whenever, the promotional quota arises, it is open for the petitioner to claim that promotional post, if she is eligible and senior. 9. The petitioner who could claim promotion within promotional quota has no right whatsoever to question the direct recruitment under notification at Annexure-A dated 12.03.2024 to the post of Junior Assistants. 11 Moreover, it is categorical assertion of respondent No.1 that for the last 12 years, no direct recruitment has taken place and only two direct recruitees are working as against 11 posts meant for direct recruitment. The petitioner has failed to demonstrate availability of promotional post. 10. For the reasons recorded above, there is no merit in the writ petition and accordingly, the writ petition stands rejected. It is open for the petitioner to claim promotion against promotional vacancy and respondents to consider the case of the petitioner for promotion, according to her seniority and eligibility on occurrence of promotional vacancy. Sd/- (S.G.PANDIT) JUDGE mpk/-* CT:bms