Karnataka High Court
Smt Usha Kumari W/O S.G.Turmari vs The Managing Director on 11 December, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:18026
WP No. 102882 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 11TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 102882 OF 2022 (S-RES)
BETWEEN:
SMT. USHA KUMARI W/O. S.G.TURMARI
AGE. 42 YEARS, OCC. ASSISTANT ACCOUNTS,
OFFICER (FINANCE), HESCOM, CORPORATE OFFICE,
HUBBALLI-580025,
R/O. MRUTYUNJAYA NAGAR,
SOUNDATTI ROAD, DHARWAD-580008.
...PETITIONER
(BY SRI ARAVIND D. KULKARNI, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR
HESCOM, CORPORATE OFFICE,
NAVANAGAR, P.B. ROAD,
HUBBALLI-580020, DIST. DHARWAD.
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
2. THE GENERAL MANAGER
Location: High (A AND HRD) CORPORATE OFFICE,
Court of Karnataka, HESCOM, NAVANAGAR, P.B.ROAD,
Dharwad Bench,
Dharwad HUBBALLI-580020, DIST.DHARWAD.
...RESPONDENTS
(BY SRI B.S. KAMATE, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF
CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF
WRIT TO QUASH IMPUGNED ORDER BEARING NO.HESCOM/
GM(A)/AO(IM)/AAO(IM)/CR-133/2021-22/6903, DATED.16.08.2021
(ANNEXURE-P) AND ALSO ORDER BEARING
NO.HUVESAKAMNI/AM.NI./CR-150/2021-22/10754, DATE:27.10.2021
(ANNEXURE-Q), PASSED BY THE 2ND RESPONDENT AND PASS
-2-
NC: 2025:KHC-D:18026
WP No. 102882 of 2022
HC-KAR
APPROPRIATE ORDERS BY ALLOWING THIS WRIT PETITION IN THE
INTEREST OF JUSTICE. ISSUE A WRIT OF MANDAMUS DIRECTING
RESPONDENTS TO CONSIDER THE CLAIM OF THE PETITIONER FOR
EXTENDING THE BENEFIT OF RE-FIXATION OF PAY BY EXTENDING
THE BENEFIT OF PAY PROTECTION AND ALSO ENTITLED FOR
COUNTING OF PAST SERVICE FOR PENSION AND OTHER BENEFITS AS
PER RULE 182 OF THE KARNATAKA ELECTRICITY BOARD EMPLOYEES
SERVICE REGULATIONS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)]
1. The petitioner is before this Court seeking the following reliefs:
i. Issue a writ of certiorari or any other writ or direction in the nature of writ to quash impugned order bearing No.HESCOM/ GM(A)/AO(IM)/AAO(IM)/CR-133/2021- 22/6903, dated.16.08.2021 (Annexure-P) and also order bearing No.HUVESAKAMNI/AM.NI./CR-150/2021- 22/10754, dated 27.10.2021 (Annexure-Q), passed by the 2nd respondent and pass appropriate orders by allowing this writ petition in the interest of justice.
ii. Issue a writ of mandamus directing respondents to consider the claim of the petitioner for extending the benefit of re-fixation of pay by extending the benefit of pay protection and also entitled for counting of past service for pension and other benefits as per Rule 182 of the Karnataka Electricity Board employees service regulations.
iii. Grant such other or further relief as this Hon'ble Court may deem fit in the circumstances, including costs.-3-
NC: 2025:KHC-D:18026 WP No. 102882 of 2022 HC-KAR
2. Heard the learned Counsel Sri.Arvind Kulkarani appearing for the petitioner and learned counsel Sri.B.S. Kamate, appearing for the respondents.
3. Facts adumbrated are as follows:
3.1 The petitioner pursuant to a selection process instituted by Hindustan Aeronautics Ltd. (hereinafter referred to as 'the HAL' for short) was appointed as an Accounts Trainee on 22.03.2007. After about 7 years of service, the petitioner comes to know about an employment notification issued by the respondent- Hubli Electricity Supply Company Limited (hereinafter referred to as 'the Company' for short).
3.2 The petitioner being desirous of securing an employment in the company applies pursuant to the employment notification dated 23.09.2014 through proper channel i.e. through the HAL. This factor is not in dispute. The petitioner then participates in the selection process before the Company and selected on 21.02.2015, but the nuances of joining the duties was yet to get complete. Therefore the petitioner submits a resignation before the HAL and the HAL accepts the resignation on 23.02.2015 and relieves the petitioner. After the relief of the -4- NC: 2025:KHC-D:18026 WP No. 102882 of 2022 HC-KAR petitioner, the petitioner joins the Corporation as Accounts Officer. Up to this point there is no dispute.
3.3 The petitioner immediately after joining registers a claim. That the appointment order does not render any pay protection and the petitioner having applied through the proper channel was entitled to pay protection and therefore seeks pay protection and all consequential benefits that would flow from such order. The representation is not answered. Plethora of representations are submitted on one not being answered. On 16.08.2021 for the first time a communication is sent from the hands of the respondent to the petitioner seeking production of certain documents. The petitioner is said to have complied with the said direction of production of documents. What comes about later is the impugned order dated 27.10.2021 rejecting the claim of the petitioner quoting a resolution and an order of the Company that the provision that stood available at the time of appointment of the petitioner has since been deleted therefore the case of the petitioner cannot be considered. It is this that has driven the petitioner to this Court in subject petition.
4. The learned counsel appearing for the petitioner Sri.Arvind Kulkarani would take this Court through the -5- NC: 2025:KHC-D:18026 WP No. 102882 of 2022 HC-KAR documents appended to the petition to demonstrate that his right crystallized the date on which the appointment was made on in the year 2015 and the representations submitted thereon. The deletion of 182(A) was prospective even according to the order that is passed by the Company. Therefore, the said order could not be projected as an impediment for grant of the benefit to the petitioner as was sought for.
5. Per contra, the learned counsel appearing for the respondent Sri.B.S.Kamate would again take this Court through the deletion Order of 182(A) to contend that all pending claims also stood obliterated with the deletion of 182(A). The case of the petitioner was pending and therefore it cannot be construed to be a concluded claim and the petitioner was not entitled to the benefit that was sought for. He would seek dismissal of the petition.
6. I have given my anxious consideration to the submissions of the learned counsel for parties and have perused the material on record.
7. The afore-narrated facts are not in dispute. The issue lies in a narrow compass. As to whether the petitioner is entitled to the benefit of Regulation 182(A) which was subsisting at the -6- NC: 2025:KHC-D:18026 WP No. 102882 of 2022 HC-KAR time when the petitioner joined the service of the Company. The dates and the link in the chain of events are all a matter of record. The petitioner joins the HAL on 22.03.2007. The appointment therein as an Accounts Officer stood confirmed on 22.03.2007. Seven years thereafter the petitioner applies through proper channel in response to an employment notification by the Company and gets appointed after applying through proper channel on the resignation with the erstwhile employer and gets appointed on 21.02.2015. The appointment order did not speak anything about the protection of pay as is available to the employees as on that date. In that light the petitioner registers a claim immediately thereafter on 07.08.2015 seeking re-fixation of the pay of the petitioner. The representation reads as follows:
"Date: 07.08.2015 Place: Hubballi From, Usha Kumari Assistant Accounts Offer(A/cs), HESCOM. Navanagar, Hubballi.
To, GM(Admin & HR), HESCOM, Navanagar Hubballi Respected Sir.
Subject: Re-fixation of pay scale by extending -7- NC: 2025:KHC-D:18026 WP No. 102882 of 2022 HC-KAR the benefit of protection of pay scale.
Your kind authority had issued notification dated 23.09.2014 calling for the application to the post of Assistant Accounts Officer along with other posts. Since, I have been eligible to be appointed as Assistant Accounts Officer in the quota of Service candidate, I had applied for the same through proper channel. After following the selection process, your kind authorities was pleased to appoint me as Assistant Accounts Officer.
In view of the appointment, I have submitted my resignation to earlier job in M/s Hindustan Aeronautics Limited, Bangalore which is a fully owned Government of India undertaking under the administrative control of Ministry of Defence, Department of Defence Production as Senior Assistant (Accounts) and joined the present post. The pay Scale fixed by your kind authority is much lower to the earlier job, wherein I have put 9 years of service. As required under law, my basic pay before the earlier employment is to be protected. Even Chapter IV & VII of the Employees Service regulations of Karnataka Electricity Board and the KCSR Chapter II contents the provisions for protection of pays scale of past-service. I am enclosing the last drawn pay slip of earlier employment for your kind authorities for kind perusal and request your kind selves to consider my case in-right prospective by extending the benefit of equal protection of pay scale.
In view of the above, I request your kind self to re-fix my pay scale by extending the benefit of protection of basic nay of earlier employment. I request you take favourable decision at the earliest.
Thanking you, Yours faithfully, Sd/-
(Usha Kumari) Asst. Accounts Officer (Accounts) Corporate Office, Hubballi
8. Plethora of such representations come about, but the pay protection did not come about. Six years pass by. The first endorsement comes about on 16.08.2021 seeking certain -8- NC: 2025:KHC-D:18026 WP No. 102882 of 2022 HC-KAR documents from the hands of the petitioner. The communication reads as follows:
" ೆ, ೕಮ ಉ ಾ ಕು ಾ ಸ ಾಯಕ ೆ ಾ ಾ , ಹಣ ಾಸು ಾ ೆ, ಗಮ ಕ ೇ , ೆ ಾ ಂ, ಹುಬ"#$ ಾನ&'ೇ, (ಷಯ: *ಾವ, ಈ .ಂ/ೆ ಸ012ರುವ ೇ4ೆಯನು5 ಪ ಗ7ಸುವ ಾಗೂ, 4ೇತನ ೆ ೕ7ಯನು5 ಮರು ಗ ೕಕರಣ ೊ#2 (ಸ: ಸುವ,ದರ ಕು ತು.
ಉ ೆ1ೕಖ: ತಮ= ಮನ( ಪತ >?ಾಂಕ: 22.05.2020.
@ೕ0ನ ಉ ೆ1ೕಖ-2 ರ01 *ಾವ, ಈ .ಂ/ೆ M/S HINDUSTAN AERONAUTICS LTD Banglore ನ01 ಸ012ರುವ ೇ4ೆಯನು5 ಕ(ಪ ?ೌಕರರ ೇ4ಾ ಬಂಧ?ೆ 182(A) ಪ ಾರ ಲಭ&(ರುವ Eಂಚ7 ೌಲಭ&ಗಳನು5 ಒದIಸಲು ಪ ಗ7ಸುವಂ*ೆ ಾಗೂ ಈ .ಂ>ನ ೇ4ಾ ಅವ ಯ ಆLಾರದ @ೕ ೆ ತಮ= 4ೇತನ ೆ ೕ7ಯನು5 ಮರು ಗ>ೕಕರಣ ೊ#2 (ಸ: ಸುವಂ*ೆ ೋ ರು :ೕ .
ಆದ'ೆ ಗಮದ ಯ ಾನು ಾರ ತಮ= 4ೇತನ ೆ ೕ7ಯನು5 ಮರು ಗ>ೕಕರಣ ೊ#2 (ಸ: ಸಲು ಅವ ಾಶ(ರುವ,>ಲ14ೆಂದು ಈ ಮೂಲಕ ತಮ ೆ #ಸ ಾI/ೆ. ಮುಂದುವ'ೆದು *ಾವ, ಹು.(.ಸ.ಕಂ. ಯ01 ಸೂಕ:ಪಥದ ಮೂಲಕ ಅOPಯನು5 ಸ012 ಆQ ೊಂಡು ಹು/ೆSಯ01 ಕತPವ& ೆ ಾಜ'ಾಗುವ ಮುನ5, Uೇ'ೆ ಇ ಾ ೆಯ01 ಸ012ದ ೇ4ೆ ೆ ಸಂಬಂ>2ದಂ*ೆ ಈ ೆಳಕಂಡ ದೃXೕಕೃತ /ಾಖ ಾ ಗಳನು5 ಒದIಸಲು ೋ /ೆ.
-9- NC: 2025:KHC-D:18026 WP No. 102882 of 2022 HC-KAR ಕ .ಸಂ ಸ01ಸUೇ ಾದ /ಾಖ ಾ ಗಳY
1. M/S HINDUSTAN AERONAUTICS LTD Banglore £À°è £ÉêÀÄPÁw ºÉÆA¢zÀ DzÉñÀ ¥Àæw
2. M/S HINDUSTAN AERONAUTICS LTD Banglore £À°è ªÀgÀ¢ ªÀiÁrPÉÆAqÀ ¥Àæw
3. M/S HINDUSTAN AERONAUTICS LTD Banglore £À°è gÁfãÁªÉÄ ¸À°è¹gÀĪÀ ¥Àæw
4. M/S HINDUSTAN AERONAUTICS LTD Banglore £À°è gÁfãÁªÉÄAiÀÄ CAVÃPÁgÀzÀ ¥Àæw
5. M/S HINDUSTAN AERONAUTICS LTD Banglore £À°è ©qÀÄUÀrUÉƽ¹zÀ ¥Àæw ತಮ= ( ಾZ2, Sd/-
ಪ Lಾನ ವ&ವ ಾ[ಪಕರು
(ಆಡ#ತ ಮತು: ಾ.ಸಂ.ಅ)"
9. The petitioner is said to have submitted all those documents. What comes about is the impugned endorsement dated 27.10.2021, which reads as follows:
".ಂಬರಹ (ಷಯ:- ಗಮದ ೇ4ೆ ೆ ೇರುವ ಪ^ವPದ01 ಸ ಾP ಾZಮ&ದ ಸಂ ೆ[ಗಳ01 ಸ012ರುವ ೇ4ೆಯನು5 ಪ ಗ7ಸುವ ಕು ತು.
ಉ ೆ1ೕಖ:-1. ಕ(ಪ ಆ/ೇಶ ಸಂ ೆ&:
ಕ(ಪ /_16/20315/2015-16, UೆಂಗಳYರು >?ಾಂಕ :
11.10.2021.
2. ತಮ= ಮನ( ಪತ ದ >?ಾಂಕ:13/09/2021.
@ೕಲ ಂಡ (ಷಯ ೆ ಸಂಬಂ 2ದಂ*ೆ, ೕಮ ಉ ಾ ಕು ಾ , ಸ ಾಯಕ
ೆಾ ಾ , ಸಂಪನೂ=ಲ ಾ ೆ, ಗಮ ಕ ೇ ಯ01 ಾಯP ವP.ಸು :ರುವ *ಾವ,
ಗಮದ ೇ4ೆ ೆ ?ೇರುವ ಪ^ವPದ01 ಸ ಾP ಾZಮ&ದ ಸಂ ೆ[ಗಳ01 ಸ012ರುವ
ೇ4ೆಯನು5 ಪ ಗ7ಸುವ ಕು ತು ಉ ೆ1ೕಖ (2) ರ01 >?ಾಂಕ:13-09-2021 ಈ
- 10 -
NC: 2025:KHC-D:18026 WP No. 102882 of 2022 HC-KAR ಾ ೆ ೆ ಪ ಾ:ವ?ೆಯನು5 ಸ012ರು :ೕ , ಮುಂದುವ'ೆದು ಉ ೆ1ೕಖ-1 ರ ೆ.(.ಪ . . ., ಆ/ೇಶದನZಯ *ಾವ, ೋ ದ ಮನ(ಯನು5 ಪ ಗ7ಸಲು ಅವ ಾಶ(ರುವ,>ಲ1 ಎಂದು ಈ ಮೂಲಕ ತಮ ೆ #ಸ ಾI/ೆ.
ಪ Lಾನ ವ&ವ ಾ[ಪಕರು (ಅ ಮತು: ಾ¸ÀA ಅ) ಗಮ ಕ ೇ , ೆ ಾ ಂ, ಹುಬ"#$"
10. Therefore, the endorsement reads that the petitioner's claim has been turned down on the score of deletion of 182(A) from the statute book i.e. the regulations. Therefore, it becomes germane to notice the regulations in juxtaposition to what was present at the time when the petitioner entered service and what is subsisting today.
11. The Regulation 182 (A) reads as follows:
"182. (A) Wherever pensionable service under the Board has been rendered in continuation of service in Government, Local bodies, District Boards, Municipalities, etc., former State Railways of Mysore and Hyderabad, Central or State Commercial concerns or autonomous bodies of organisations set up by the Government of India or the State Government, the service rendered in such institutions shall count as qualifying service for pension subject to the following conditions:
(i) Where service rendered under the institutions referred to above is covered by the Contributory Provident Fund Scheme and the Contribution of such institutions with interest has been drawn by the employee, the amount so drawn shall be credited to Board with interest calculated at 3% per annum for the period from the date of drawing of the
- 11 -
NC: 2025:KHC-D:18026 WP No. 102882 of 2022 HC-KAR contribution to the date of credit to Board. In case the amount is credited after the retirement of the employee concerned interest shall be calculated upto the date of retirement of the employee.
(ii) Where the service rendered under the institutions referred to above is not covered by the Contributory Provident Fund Scheme, the employee shall credit to Board pension contribution at 1/8th of pay drawn by him from time to time under such institutions together with interest at 3% per annum calculated on the aggregate of such contributions for the period from the date of his appointment in Board service to the date of credit to Board. In case the amount is credited after the retirement of the employee the interest shall be payable for the period from the date of appointment of the employee to the date of retirement.
Provided that the service to be counted as qualifying service under clause (i) & (ii) above shall be restricted to the period for which the employee was subscribing to the contributory provident fund or for which pension contribution is received.
iii) The Chief Controller of Accounts (Internal Audit) shall certify the correctness of the amounts credited to Board by the employee to avail the benefit of service rendered in other institutions as stated above. Based on these certificates, the Financial Adviser & Chief Accounts Officer shall admit the service rendered in the local bodies and other institutions referred above for the purpose of gratuity, retirement benefits."
12. The Regulation 182(A) permits pay protection of several kinds of employees. One such protection is given to the persons who join the services of the Corporation from the Local Bodies, District Boards, Municipalities, State Railways or Central
- 12 -
NC: 2025:KHC-D:18026 WP No. 102882 of 2022 HC-KAR or State Commercial Concerns Autonomous Body of the Government of India or the State Government. The Hindustan Aeronautics Ltd. is admittedly an autonomous body of the Government of India. Therefore, the protection under 182(A) was available to the petitioner. The availability of the protection at the date of joining of the petitioner is not in dispute. What comes about later is a resolution of the Board. The resolution of the Board reads as follows:
"Board debated the matter. Approving the proposal, the following resolutions were passed.
RESOLVED THAT for the reasons explained, approval be and is hereby accorded:
(a) To delete the existing Regulation 182(A) of KPTCL Employees Service Regulations, circular dated 1.12.2008 and all consequential orders issued in the matter with immediate effect.
(b) To reject all proposals pending for consideration under Regulation 182 (A) requesting counting of past service for pension.
FURTHER RESOLVED THAT Director (Admn. & HR), KPTCL be and is hereby authorized to issue necessary orders accordingly.
sdl-
Chairman, KPTCL"
13. The resolution deletes 182(A) from the Karnataka Power Transmission Corporation Limited, (KPTCL) employee
- 13 -
NC: 2025:KHC-D:18026 WP No. 102882 of 2022 HC-KAR service regulations, which was brought in terms of circular dated 01.12.2008 and to reject all proposals pending for consideration under 182(A) requesting counting of past service for the purpose of pension. After the resolution, a order of KPTCL springs on 11.10.2021. The Order of the KPTCL reads as follows.
"ಕ(ಪ ?ೌಕರರ ೇ4ಾ ಯಮಗಳ ಯಮ 182 (ಎ) ಅನು5 ರದುSಪbಸುವ (ಷಯವನು5 >?ಾಂಕ: 24.06.2021 ರಂದು ನcೆದ ಕ(ಪ /ೇPಶಕರುಗಳ ಮಂಡ#ಯ 125 ?ೇ ಸdೆಯ01 ಚePಸ ಾIರುತ:/ೆ. ಮಂಡ#ಯು, ಈ ೆಳIನ ಅಂಶಗಳನು5 ಪ ಗ72ರುತ:/ೆ.
> ಗಮದ ೇ4ೆ ೆ ೇರುವ ಪ^ವPದ01 ಸ ಾP ಾZfಯದ ಸಂ ೆ[ಗಳ01
ಸ012ರುವ ೇ4ೆಯನು5 Eಂಚ7 ೌಲಭ& ೆ ೆg ಸುವ ಪದh ಯು ಕ?ಾPಟಕ
(ದು&j ಗಮ ಯkತದ01 ಆ2[ತZದ01ರುವ,>ಲ1.
> ಈ ೌಲಭ&ವನು5 (¸ÀÛ ಸುವ,ದ ಂದ, 'ಾಜ& ಸ ಾPರ ೆ ಮತು: ಗಮ/ಎ ಾ ಂಗ# ೆ
ೆelನ ಆmPಕ ೊ'ೆ ಉಂnಾಗುತ:/ೆ.
> ಕ(ಪ ?ೌಕರರ ೇ4ಾ ಬಂಧ?ೆ 182 (ಎ) ರ ಅನZಯ ೆQÌಕ 2,
?ೌಕರ ಂದ ಗಮ ೆ ಜ@ ೊಳY$ವ 1/8 ?ೇ dಾಗದ ವಂ ೆ ಮತು: ಇವ ೆ
ವೃ : ಸಮಯದ01 ಟ op ಂದ qಾವ ಸುವ ವೃ : ಉಪಲಬhಗಳ rತ: ೆ
ೆelನ ಅಂತರ ಉಂnಾI, F ೆಚುlವ ಆmPಕ ೊ'ೆಯನು5 Eಂಚ7 ಮತು:
ಉಪ/ಾನ ಟ op ರವರ ಕsೇ tಂದ ¨sÀj¸À¨ÃÉ QgÀÄvÀÛzÉ.
> ಕ(ಪ /ಎ ಾ ಂಗಳ Eಂಚ7 ಮತು: ಉಪ/ಾನ ಟ op ಾI ಸ ಾPರವನು5 ಅವಲಂ_ಸುವಂ ಲ1 ಎಂದು ಕ?ಾPಟಕ ಸ ಾPರವ, ಆIಂ/ಾ ೆu #2ರುತ:/ೆ. ಮತು:
.ಂ>ನ vಾವ,/ೇ Uಾgಗ# ೆ ಸ ಾPರವ, ೊwೆvಾIರುವ,>ಲ1 ಎಂದು #2ರುತ:/ೆ.
> ಈ ೌಲಭ&ವನು5 (ಸ: ಸಲು ?ೌಕರ ಂದ ಪcೆಯ ಾಗುವ ಮಂ ೆ ಮತು: ಬbx rತ:ವ,, ಇವರುಗಳY ವೃ : ಸಮಯದ01 ಪcೆಯುವ ಉಪಲಬhಗ# ೆ ಅನುಗುಣ4ಾIರುವ,>ಲ1. ಆದS ಂದ, ಈ ೌಲಭ&ವ, ಸಮಥP ೕಯ4ಾI ಮುಂದುವ ಸಲು ಮುಂಬರುವ >ನಗಳ01 ಾಯP ಾಧ&4ಾIರುವ,>ಲ1.
>?ಾಂಕ: 24.06.2021 ರಂದು ನcೆದ ಗಮದ /ೇPಶಕರುಗಳ ಮಂಡ#ಯ 125 ?ೇ ಸdೆಯ ಣPಯದಂ*ೆ, ಈ ೆಳIಸಂ*ೆ ಆ/ೇಶವನು5 ೊರbಸ ಾI/ೆ.
- 14 -
NC: 2025:KHC-D:18026 WP No. 102882 of 2022 HC-KAR ಆ/ೇಶ ಸಂ ೆ&: ಕ(ಪ /_15/20315/2015-16, Uೆಂಗಳyರು >?ಾಂಕ: 11 OCT 2021 ಗಮದ ೇ4ೆ ೆ ೇರುವ ಮುನ5, ಸ ಾP ೇ4ೆ, ಸ[#ೕಯ ಸಂ ೆ[, O ಾ1 UೋzP. ನಗರ ಸdೆ, @ೖಸೂರು ಮತು: ೈದ'ಾUಾ| 'ಾಜ&, 'ೈ ೆZ, ೇಂದ ಮತು: 'ಾಜ& 4ಾ7ಜ& ಸಂ ೆ[ಗಳY ಾZಯತ: ಸಂ ೆ[ಗಳY, ಅಥ4ಾ ೇಂದ ಸ ಾPರ ಾ[E2ದ ಸಂ ೆ[ಗಳY, ಇ*ಾ&>ಗಳ01 ಸ012ರುವ ೇ4ೆಯನು5, ೆಲವ, ಷರತು:ಗ# ೊಳಪಟುp, ಗಮದ01 Eಂಚ7 ೌಲಭ& ೆ ಅಹP*ಾ/ಾಯಕ ೇ4ೆQಂದು ಪ ಗ7ಸುವ (ಷಯದ01, ಈ ೆಳಕಂಡಂ*ೆ ಆ/ೇ ಸ ಾI/ೆ:-
1. ಕ(ಪ ?ೌಕರರ ೇ4ಾ ಯಮಗಳ ಬಂಧ?ೆ 182 (ಎ), ಸು*ೊ:ೕ ೆ ಸಂ ೆ& ಕ(ಪ / _16/_14/4977/2005-06 >?ಾಂಕ: 01.12.2008 ºÁUÀÆ vÀvÀìA§AzsÀ ೊರb2ರುವ ಎ ಾ1 ಆ/ೇಶ/ ಾಗಸೂeಗಳನು5 >?ಾಂಕ 24.06.2021 ಂದ }ಾ ೆ ಬರುವಂ*ೆ ರದುS ೊ#ಸ ಾI/ೆ.
2. ಕ(ಪ ೌಕರರ ೇ4ಾ ಯಮಗಳ ಬಂಧ?ೆ 282 (ಎ) ರ ಅbಯ01 .ಂ>ನ ೇ4ೆಯನು5 Eಂಚ7 ೌಲಭ& ೆ ಪ ಗ7ಸುವಂ*ೆ ಸ012ರುವ ಎ ಾ1 Uಾgtರುವ ಪ ಾ:ವ?ೆಗಳನು5 ರಸ ಸ ಾI/ೆ.
ಆ/ೇಶದ @ೕ'ೆ ೆ, /ೇPಶಕರು (ಆಡ#ತ ಮತು: ಾನವ ಸಂಪನೂ=ಲ)"
14. The order of the KPTCL is clear that the deletion of 182(A) from the statute book is only prospective from the date on which it is notified which is on 11.10.2021. Therefore, the claims that were subsisting before 11.10.2021 admittedly will have to be processed in the teeth of the subsistence of the regulation in the statute. The petitioner has Joins the service of the Company in the year 2015 at which point in time 182(A) was still in the statute book. It is deleted only on 11.10.2021.
- 15 -
NC: 2025:KHC-D:18026 WP No. 102882 of 2022 HC-KAR Therefore, it not obviously be applied to the case of the petitioner. If the petitioner was for the first time venting out a grievance after the deletion of the regulation, it would have been an altogether different circumstance, while it is not the case. The petitioner has been agitating the inclusion of pay protection or counting of past service right from the date of appointment, but it is the folly of the Company that has not passed any orders till the regulations stood deleted. It is obvious that the deletion of a regulation cannot take away the rights crystallized or inchoate that was pending at the time when the regulations were in subsistence. In that light petition deserves to succeed.
15. For the aforesaid reasons the following order:
ORDER
(i) The petition is allowed.
(ii) The impugned order dated 16.08.2021 at
Annexure-P and also order dated
27.10.2021 passed by respondent No.2 at Annexure-Q are hereby quashed.
(iii) The petitioner becomes entitled to the pay protection of the past services rendered by
- 16 -
NC: 2025:KHC-D:18026 WP No. 102882 of 2022 HC-KAR the petitioner for whatever years it would be in terms of regulation 182(A) as it was then subsisting.
Sd/-
(M.NAGAPRASANNA) JUDGE RHR LIST NO.: 1 SL NO.: 32