JUDGMENT : D. K. SINGH, J. 1. The present intra-court appeals have been filed being aggrieved by the judgment and order dated 04.12.2024 passed by the learned Single Judge in W.P.No.11925/2012. 2. For the sake of convenience, the parties are referred to as per their ranking in the writ petition No.11925/2012. 3. The petitioners are all graduate Engineers of different batches appointed as Assistant Engineer in the Karnataka Power Corporation Ltd (hereinafter referred to as 'the KPCL'). The private respondents were initially appointed as Junior Engineers and having obtained the degree and acquired eligibility, got promoted and appointed by transfer as Assistant Engineer. The recruitment and service conditions of the Assistant Engineer in the KPCL are governed under the provisions of the Cadre and Recruitment Rules, 1992 of the KPCL. There are two sources of recruitment to the post of Assistant Engineer (Civil/Electrical/Mechanical/Instrumentation) viz., by direct recruitment of the persons having a degree or equivalent qualification in respective Engineering discipline and by transfer of Junior Engineer having three years diploma qualification on acquiring an Engineering degree or equivalent. The Rule further provides that for the purpose of consideration of promotion to the post of Assistant Executive Engineer, the Junior Engineer appointed by transfer as Assistant Engineer on or after 22.03.1981, one third (1/3 rd ) service rendered as Junior Engineer subject to maximum four (4) years for the purpose of consideration for promotion to the post of Assistant Executive Engineer shall be taken into account is further subjected to two conditions namely: i. The seniority shall be fixed in the category of Assistant Engineer with reference to notional date arrived at after giving weightage of service as aforesaid. ii. To become eligible for promotion for Assistant Executive Engineer, the Junior Engineer who is appointed as Assistant Engineer by transfer shall be put in minimum service of two years on duty as Assistant Engineer, after such appointment and a total service of seven years as Assistant Engineer inclusive of the weightage given to him. 4. ii. To become eligible for promotion for Assistant Executive Engineer, the Junior Engineer who is appointed as Assistant Engineer by transfer shall be put in minimum service of two years on duty as Assistant Engineer, after such appointment and a total service of seven years as Assistant Engineer inclusive of the weightage given to him. 4. The directly recruited Assistant Engineer(s) have filed the Writ Petition No. 11925/2012 for the following prayers: (a) QUASH by issue a writ of certiorari or any other writ order or direction, as the case may be, the Promotion Rules under Chapter III - Promotion Scheme of the KPCL Services Cadre, Recruitment, Probation and Promotion and Seniority Rules 1997 in so far as it relates to the cadre of Assistant Engineers at Serial No.6, note providing counting of 1/3 rd of service rendered by the Junior Engineers prior to appointment as Assistant Engineer for seniority as being arbitrary and illegal; (b) DECLARE the elevation scheme providing transfer of Junior Engineers with degree qualification to the post of Assistant Engineers without insisting on any minimum period of service in the cadre of Junior Engineer as being arbitrary and illegal; (c) DECLARE the action of the Respondents in appointing on transfer or under elevation scheme the Assistant Engineers with B.E. (Industrial Production) and B.E. (Automobiles) contrary to the Recruitment Rules as illegal and arbitrary. (d) DIRECT by the issue of an appropriate order in the nature of mandamus or any other appropriate writ or direction as the case may be directing the Respondents to conduct an enquiry as to how employees who are in service could obtain Engineering Degree in Regular Course and take appropriate action thereon. (e) DIRECT by the issue of an appropriate order in the nature of mandamus or any other order directing the Respondents to re-do the seniority list as per the directions to be issued by this Hon'ble Court after considering the above prayers and grant all consequential benefits; (f) PASS such other orders just and expedient in the circumstances of the case including the award of costs. (g) ISSUE WRIT OR ORDER declaring that withdrawal of the elevation scheme at Item No.282/07, Extract of minutes of the 282 nd meeting of the Board of Directors of Karnataka Power Corporation Limited dated 16/11/2021 (Annexure W) and Order bearing No. A1P1C / 2668 dated 16/12/2021 with effect from 16/11/2021 (Annexure - X) is unconstitutional and void and further declare that withdrawal / annulling the elevation scheme has come into effect with effect from the day Annexure - G is operated and review all promotions and redo the seniority list of Assistant Engineering and other higher cadres namely Assistant Executive Engineer, Superintending Engineer; (h) DECLARE that operation of Elevation to Higher Position Scheme for the year 2021-2022 is unconstitutional and void pursuant to the decision at Item No.282/07, Extract of Minutes of the 282 nd Meeting of the Board of Directors of Karnataka Power Corporation dated 16/11/2021 (Annexure W), and the Order bearing No. A1P1C / 2668 dated 16/12/2021 (Annexure - X) and STRIKE DOWN the same, in the interest of justice and equity. 5. The learned Single Judge having considered the judgment in the case of K.Narayanan and Others Vs. State of Karnataka and Others (1994 SUPP (1) SCC 44) which was the judgment in respect of the same Rules of the Karnataka Public Works Engineering Department Service adopted by the KPCL and the judgment in the case of Devi Prasad Vs. Government of A.P. ( 1980 Supp. SCC 206 ) and P. Sudhakar Rao and others Vs. U. Govinda Rao and others ( 2013 8 SCC 693 ), held that the KPCL having taken a policy decision to comply with the judgment in K. Narayanan (supra) cannot be allowed to sleep over the matter, but is bound to give effect to by considering the past service only for the purpose of eligibility and also to ensure that the fixation of the deemed date is not from the date when the concerned employee was not even born in the cadre. 6. The Cadre and Recruitment Rules, 1992 have been replaced by the KPCL (Cadre, Recruitment, Probation, Promotion and Seniority) Rules, 1977 (hereinafter referred to as the Recruitment Rules, 1977). 7. 6. The Cadre and Recruitment Rules, 1992 have been replaced by the KPCL (Cadre, Recruitment, Probation, Promotion and Seniority) Rules, 1977 (hereinafter referred to as the Recruitment Rules, 1977). 7. The learned Single Judge has held that the elevation scheme for giving promotion to the persons who had acquired the qualification to be promoted as Assistant Engineer in this scheme/project bearing number SR062 dated 04.03.2003 in terms of which, any Junior Engineer who acquired higher qualification is entitled to be upgraded to the post of Assistant Engineer does not militate against the Recruitment Rules, 1997. The learned Single Judge has disposed of the writ petition by issuing the following directions: "20. Therefore, in the light of the above, this writ petition is disposed off on the following terms: (i) The orders of appointment of the respondent No.2 to 22 as Assistant Engineers by appointment on transfer or by applying the elevation scheme, are not disturbed but are subject to the following: (a) The respondent No.1 shall forthwith review all promotions granted to the Junior Engineers by transfer as per its earlier policy in memo No.A1P1A/4367 dated 28.03.1987 in the light of the judgments of the Hon'ble Supreme Court in K. Narayanan and others and P. Sudhakar Rao and others referred supra. (b) The appointments of the respondent Nos.2 to 22 and similarly situated personnel shall be reviewed and reconsidered by treating 1/3 rd weightage of past service in the post of Junior Engineer for the limited purpose of eligibility and their notional date shall be subject to vacancies and shall not be given effect to from a date when they were not born in service. (c) For implementation of the elevation scheme, a Junior Engineer shall have a minimum qualifying service in the post before being promoted to the post of Assistant Engineer. (d) In all cases of appointment by transfer or under a ladder scheme, Junior Engineers promoted to the post of Assistant Engineers shall be placed below direct recruit assistant engineers based on their respective dates of entry into service. (e) The aforesaid exercise shall be done by the respondent No.1 within a period of six months from the date of receipt of a certified copy of this Order. (e) The aforesaid exercise shall be done by the respondent No.1 within a period of six months from the date of receipt of a certified copy of this Order. (ii) The question whether appointment on transfer or under the elevation scheme given to Assistant Engineers with B.E. (Industrial Production) and B.E. (Automobile) is in violation of the Karnataka Power Corporation Limited (Cadre, Recruitment, Probation, Promotion and Seniority) Rules, 1997 or not, is kept open to be considered in an appropriate case. (iii) Similarly, the legality of withdrawal of the elevation scheme with effect from 16.11.2021 is kept open to be considered in an appropriate case. (iv) Likewise, the constitutionality of the elevation scheme for the year 2021-22 is also kept open to be considered in an appropriate case. (v) The respondent No.1 is reserved liberty to take action against all those Assistant Engineers, who have availed the benefit of promotion by transfer or under the elevation scheme, if it is found that the bachelors degree obtained by them is not in accordance with law. " 8. Learned Senior Counsel appearing for the appellants submitted that vide impugned judgment and order, the long standing seniority list has been disturbed. It is well settled law that long standing seniority of the employee should not be disturbed. 9. In the present case, it is not the long standing seniority which would get disturbed but it is the seniority of the Junior Engineer who on promotion as Assistant Engineer by transfer have been given seniority from the date when they were not even born in the service would get disturbed. It is only for 5 years the seniority has remained in operation and therefore, it cannot be said that the seniority is a long standing seniority between the employees. 10. It is cardinal principle of seniority that a person who is not born in the cadre cannot be given seniority before he enters into the service cadre. The cardinal principle has to be followed in giving seniority to the Assistant Engineers who were appointed to the post of Assistant by transfer after having acquired degree during their service. 10. It is cardinal principle of seniority that a person who is not born in the cadre cannot be given seniority before he enters into the service cadre. The cardinal principle has to be followed in giving seniority to the Assistant Engineers who were appointed to the post of Assistant by transfer after having acquired degree during their service. Their seniority has to be counted only from the date when they were promoted in the cadre of Assistant Engineer and by giving notional seniority of four (4) years or 1/3 rd of their service rendered as Junior Engineer or to the maximum of four (4) years cannot be countenanced and this would be against the judgment of the Supreme Court in the case of K. Narayanan (supra). Further an illegality cannot be perpetuated merely on the ground that for a period of a few years the seniority list was not challenged. Fundamentally when the Assistant Engineers promoted by transfer cannot have any legal right for seniority from the date when they were not promoted. If in law they are not entitled to the seniority from the date when not born on the cadre, they would not acquire a right in law for seniority if an incorrect and illegal seniority list remained in force for a few years. Further, weightage of 1/3 rd service upto 4 years maximum on the post of Junior Engineer is only for the eligibility and not for seniority. We, therefore, do not find any substance in these appeals, which are hereby dismissed