Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22916 WP No. 27701 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 27701 OF 2024 (S-RES) BETWEEN:
SRI FELIX SERRAO S/O. LAWRENCE SERRAO AGED ABOUT 44 YEARS WORKING AS FIRST DIVISION ASSISTANT IN THE OFFICE OF DISTRICT PROJECT OFFICER KARNATAKA HOUSING BOARD GURUSHREE MANSION, 1ST FLOOR, ARKAVATHI LAYOUT, RAMANAGARA, RAMANAGARA DISTRICT-562 159. …PETITIONER (BY SRI. VIJAYA KUMAR., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALURU-560 001.
2.
THE COMMISSIONER KARNATAKA HOUSING BOARD KAVERY BHAVAN, K.G. ROAD, BENGALURU-560 009. …RESPONDENTS (BY SRI. B J ESWARAPPA, AGA FOR R1:
SMT. PUSHPAKANTHA., ADVOCATE FOR R2)
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2025:KHC:22916 WP No. 27701 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO PROMOTE THE PETITIONER TO THE POST OF JUNIOR ENGINEER(ELECTRICAL) IN TERMS OF CADRE AND RECRUITMENT RULES VIDE ANNEXURE-C AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER
1. In this writ petition, the petitioner has sought for the following relief/s: 1) To issue a writ of mandamus or order or direction directing the Respondent No.2 to promote the Petitioner to the post of Junior Engineer (Electrical) in terms of Cadre & Recruitment Rules Annexure-C within a time frame specified by this Hon'ble Court.
ii) To direct the Respondent No.2 to consider the representations of Petitioner dated 11.08.2023 and 20.02.2024 vide Annexure-E&F respectively, for promotion to the post of Junior
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HC-KAR NC: 2025:KHC:22916 WP No. 27701 of 2024
Engineer (Electrical) within a time frame specified by this Hon'ble Court.
iii) To pass such other orders as this Hon'ble Court deems fit in the facts and circumstances of the case.”
2.
Learned counsel for the petitioner has submitted that the petitioner was appointed as a Group ‘D’ employee on
05.04.2004. Subsequently, he was promoted to the post of First Division Assistant on 25.09.2020. Thereafter, the petitioner acquired a Diploma in Electrical Engineering from the Department of Technical Education, Government of Karnataka, on 29.10.2020. As per the Karnataka Housing Board (Recruitment and Conditions of Service) (Amendment) Rules, 2022, for promotion to the post of Junior Engineer (Electrical), a person must have three years of experience in the cadre of First Division Assistant and must hold a Diploma in Electrical Engineering from an institute recognized by the Government. Since the post of Junior Engineer (Electrical) is an anticipatory vacancy, the
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HC-KAR NC: 2025:KHC:22916 WP No. 27701 of 2024
petitioner submitted representations on 11.08.2023 and 20.02.2024, vide Annexures ‘E’ and ‘F’, respectively. Even though the petitioner is eligible for promotion to the post of Junior Engineer (Electrical), his case has not been considered. The Departmental Promotion Committee (DPC) has convened, but the petitioner’s case was not placed before it. Hence, he seeks a direction to the respondents to consider his representations and place the same before the DPC.
3.
Learned counsel for the respondent-Board has submitted that the petitioner’s representations will be placed before the next DPC.
4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of.
5. The respondents are
directed to place the representations of the petitioner, dated 11.08.2023 and 20.02.2024 vide Annexures E and F, respectively, before the next DPC and to consider the petitioner's case for the
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HC-KAR NC: 2025:KHC:22916 WP No. 27701 of 2024
promotion to the post of Junior Engineer (Electrical), in accordance with the law.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA LIST NO.: 1 SL NO.: 37