Karnataka High Court
Sri Shivaraju vs State Of Karnataka on 3 February, 2020
Author: S.Sujatha
Bench: S. Sujatha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2020
BEFORE:
THE HON'BLE MRS. JUSTICE S. SUJATHA
W.P.No.63520/2016 (S - RES) C/W
W.P.No.63531/2016 (S - RES)
IN W.P.No.63520/2016:
BETWEEN:
1 . SRI SHIVARAJU
S/O SRI MARISWAMY NAYAKA
AGED ABOUT 27 YEARS
R/O M KANNENAHALLI VILLAGE
HAMAPAPURA HOBLI, H D KOTE TALUK
MYSORE DISTRICT - 571114
2 . SRI NAGESH
S/O SRI JAVARA NAYAKA
AGED ABOUT 30 YEARS
R/O M KANNENAHALLI VILLAGE
HAMAPAPURA HOBLI, H D KOTE TALUK
MYSORE DISTRICT - 571114
3 . SRI DASANAYAKA
S/O SRI HANUMA NAYAK
AGED ABOUT 27 YEARS
R/O NILUVAGILU VILLAGE
ANTHARASANTHE HOBLI,
H D KOTE TALUK MYSORE DISTRICT-571114
4 . SRI NAGARAJU M
S/O SRI MARISWAMY NAYAKA
AGED ABOUT 30 YEARS
R/O M KANNENAHALLI VILLAGE
HAMAPAPURA HOBLI, H D KOTE TALUK
MYSORE DISTRICT - 571114
-2-
5 . SRI SURESH N
S/O SRI NINGANAYAKA
AGED ABOUT 31 YEARS
R/O M KANNENAHALLI VILLAGE
HAMAPAPURA HOBLI, H D KOTE TALUK
MYSORE DISTRICT - 571114
6 . SRI VIJENDRA M
S/O SRI MADASHETTY
AGED ABOUT 32 YEARS
R/O M KANNENAHALLI VILLAGE
HAMAPAPURA HOBLI, H D KOTE TALUK
MYSORE DISTRICT - 571114
7 . SRI MARIDASA NAYAKA
S/O SRI KYATHANAYAKA
AGED ABOUT 32 YEARS
R/O NILUVAGILU VILLAGE
ANTHARASANTHE HOBLI,
H D KOTE TALUK MYSORE DISTRICT - 571114
8 . SRI KRISHNA S
S/O SRI SIDDASHETTY
AGED ABOUT 32 YEARS
R/O M KANNENAHALLI VILLAGE
HAMAPAPURA HOBLI, H D KOTE TALUK
MYSORE DISTRICT - 571114
9 . SRI SATHISH B
S/O SRI BHADRAPPA
AGED ABOUT 28 YEARS
R/O CBT COLONY VILLAGE
HUNSUR TALUK, MYSORE DISTRICT - 571105
10 . SRI SIDDARAJU P
S/O SRI PAPAIAH
AGED ABOUT 30 YEARS
R/O DEGGALAHUNDI, HAMAPAPURA HOBLI,
H D KOTE TALUK, MYSORE DISTRICT - 571114
11 . SRI DINESH M N
S/O SRI NATARAJ M V
AGED ABOUT 25 YEARS
R/O MODURU VILLAGE, HUNSUR TALUK
-3-
MYSORE DISTRICT - 571105
12 . SRI MAHESHA M S
S/O SRI SOMANNA
AGED ABOUT 27 YEARS
R/O MARALAYANA KOPPALU VILLAGE
KASABA HOBLI, HUNSUR TALUK
MYSORE DISTRICT - 571105
13 . SRI GIRISHA
S/O LATE MAHADEVANAYAKA
AGED ABOUT 30 YEARS
R/O GERASANALLI VILLAGE
BILIKERE HOBLI, HUNSUR TALUK
MYSORE DISTRICT - 571103
14 . SRI JENNIFER
S/O SRI JOHN
AGED ABOUT 24 YEARS
R/O RATHNAPURI VILLAGE
HUNSUR TALUK, MYSORE DISTRICT -571105
15 . SRI BASAVARAJU N
S/O SRI NAGARAJU
AGED ABOUT 24 YEARS
R/AT NO 272, 2ND CROSS,
2ND STAGE, GOKULAM,
MYSORE-570002
16 . SRI GANESHA H K
S/O SRI KEMPARAJU
AGED ABOUT 24 YEARS
R/O HOSKOTE VILLAGE, YELAWALA HOBLI,
MYSORE DISTRICT - 571130
17 . SRI PRAHLADA
S/O SRI BASAVARAJU
AGED ABOUT 37 YEARS
R/O YELANDUR VILLAGE & TALUK
CHAMRAJANAGAR - 571440
18 . SRI MANJUNATH M T
S/O SRI TIMMAGOWDA
AGED ABOUT 33 YEARS
-4-
R/AT NO 263, MAKODU
PERIYAPATTANA, MYSORE - 571108
19 . SRI HARISHA M S
S/O SRI SHANKARAPPA M H
AGED ABOUT 25 YEARS
R/O MALAPALLI WARD NO 9,
CHINTAMANI TALUK
CHIKKABALLAPURA - 563125
20 . SRI AMBARISHA R V
S/O SRI VENKATAPPA R M
AGED ABOUT 28 YEARS
R/O RAMENAHALLI, MILANDLAHALLI,
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT - 563125
21 . SRI AMBARISHA M
S/O SRI MUNISWAMY REDDY
AGED ABOUT 29 YEARS
R/O KATTERIGUPPE,
CHANDRA HALLI, CHINTAMANI TALUK
CHIKKABALLAPURA - 563125
22 . SRI P M MANJUANTHA
S/O SRI MUNISHAMAPPA
AGED ABOUT 33 YEARS
R/O PALLENHALLI VILLAGE
SHETTY HALLI HOBLI,
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT - 563125
23 . SRI SRINIVAS G N
S/O SRI NARAYANAPPA
AGED ABOUT 36 YEARS
R/O GADIGIVARAHALLI,
GOLLHALLI
CHINTAMANI TALUK
CHIKKABALLAPURA - 563125
24 . SRI SHEKARA K V
S/O SRI VENKATARAMA REDDY
AGED ABOUT 29 YEARS
-5-
R/O KENCHARLAHALLI
CHINTAMANI TALUK
CHIKKABALLAPURA - 563125 ... PETITIONERS
[BY SRI V.R.BALARAJ, ADV.]
AND:
1 . STATE OF KARNATAKA
REP BY ITS ADDITIONAL CHIEF
SECRETARY TO GOVERNMENT
ENERGY DEPARTMENT
ROOM NO 236, 2ND FLOOR,
VIKASA SOUDHA
BENGALURU - 560007
2 . KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED (KPTCL)
REP BY ITS MANAGING DIRECTOR
HAVING ITS CORPORATE OFFICE
AT CAUVERY BHAVAN, K G ROAD
BENGALURU - 560009
3 . CHAMUNDESHWARI ELECTRICITY
SUPPLY CORPORATION LIMITED (CESC)
REP BY ITS MANAGING DIRECTOR
HAIVNG ITS CORPORATE OFFICE
AT NO 29, VIJAYANAGARA 2ND STAGE
HINKAL, MYSORE - 570017 ...RESPONDENTS
[BY SRI M.V.RAMESH JOIS, AGA FOR R-1;
SRI S.SRIRANGA, ADV. FOR R-2 & R-3.]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE RESPONDENTS TO REGULARIZE OR ABSORB THE
PETITIONERS AS JUNIOR LINE MEN CONSEQUENTLY QUASH
THE RECRUITMENT NOTIFICATION DATED 21.07.2016 VIDE
ANNEXURE-A INSOFAR AS IT RELATES TO RECRUITMENTS
PERTAINING TO R-3.
-6-
IN W.P.No.63531/2016:
BETWEEN:
1. SRI RAMESHA M
S/O SRI. MUDDURANGAPPA,
AGED ABOUT 26 YEARS,
R/AT NO.10, KERE OLAGINAHALLI,
GOWRIBIDANURU,
CHIKKABALLAPUR-561228
2. SRI. VENKATESH D
S/O DODDAIAH,
AGED ABOUT 24 YEARS,
RESIDENT OF BALEKATTE UDUGERE DAKALE,
MADABAL POST, KASABA MAGADI TALUK
RAMANAGARA-562120
3. SRI. SHEKAR B K
S/O SRI. KARE HANUMAIAH,
AGED ABOUT 38 YEARS,
R/AT NO.61, SANTHA COLONY,
KENGERE TAVAREKERE,
BANGALORE SOUTH-562130
4. SRI DEVARAJU K N
S/O SRI NANJUNDAIAH
AGED ABOUT 32 YEARS
RESIDING AT NO 17,
KEMPACHIKKANAHALLI MARIKUPE
MAGADI TALUK
RAMANAGARA - 562120
5. SRI RAVI KUMAR
S/O SRI KUMAR
AGED ABOUT 20 YEARS
RESIDENT OF VALAGERE PALYA
KASABA HOBLI MAGADI
KEMPASAGARA
RAMANAGARA - 562120
-7-
6. SRI SHASHI KUMAR B
S/O SRI BASAVAIAH
AGED ABOUT 21 YEARS
RESIDENT OF UDUVERGERE MAGADI MADABAL
RAMANAGARA - 562120
7. SRI SIDDAGANGAIAH H
S/O SRI HANUMAIAH
AGED ABOUT 29 YEARS
RESIDENT OF BENACHAHALLI
ELEKYATHNAHALLI POST SOMPURA HOBLI,
NELAMANGALA TALUK BANGALORE - 562111
8. SRI RAMACHANDRA G
S/O SRI GANGAIAH
AGED ABOUT 35 YEARS
RESIDING AT NO 116,
16TH CROSS,
KODIPALYA,
BANGALORE - 560060
9. SRI THIPPESWAMY R M
S/O SRI MUDULAGRIYAPPA
AGED ABOUT 44 YEARS
RESIDING AT NO 15
MARUTHI NAGAR
GUBBALALU
BANGALORE URBAN - 560061
10 . SRI PRADEEP KUMAR H O
S/O SRI OBEGOWDA H K
AGED ABOUT 31 YEARS
RESIDING AT NO 18, KODIPALYA,
BANGALORE - 560060
11 . SRI MANU M P
S/O SRI PUTTALINGAIAH
AGED ABOUT 28YEARS
RESIDING AT LIG 7TH HOUSING BOARD
6TH MAIN ROAD, KANAKAPURA
RAMANAGARA - 562117
-8-
12 . SRI RAMESHA N
S/O SRI NARAYANAPPA
AGED ABOUT 26 YEARS
RESIDENT OF H NAGASANDRA
GAURIBIDANUR, CHIKKABALLAPUR - 561208
13 . SRI MADHUSUDHAN N K
S/O SRI KRISHNA KUMAR
AGED ABOUT 27 YEARS
RESIDING AT NO 24 H. NAGASANDRA
H .NAGASANDRA , GAURIBIDANUR
CHIKKABALLAPUR - 561208
14 . SRI MADHU N R
S/O SRI RAMANJINAPPA
AGED ABOUT 25 YEARS
RESIDING AT NO 24 H NAGASANDRA
H NAGASANDRA , GAURIBIDANUR
CHIKKABALLAPUR - 561208
15 . SRI MANJUNATH
S/O SRI VENKATAPPA
AGED ABOUT 35 YEARS
RESIDENT OF SADENAHALLI
GOWDAGERE
CHIKKABALLAPUR - 561211
16 . SRI. KEMPARAJU K.N
S/O SRI. NANJUNDAYYA
AGED ABOUT 28 YEARS,
RESIDENT OF KALLUSHETTIHALLI,
KONDIGHATTA,
TUMKUR-572114,
17 . SRI. MAHESH BABU S
S/O SRI. SANJEEVAPPA
AGED ABOUT 26 YEARS,
RESIDING AT NO.203, H. NAGASANDRA,
ECHA, NAGASANDRA, GOWRIBIDANUR,
CHIKKABALLAPUR-561208.
18 . SRI. NAVEEN KUMAR K.S
S/O SRI. SUBBARAYAPPA,
AGED ABOUT 34 YEARS,
-9-
RESIDIENT OF KAREKALLAHALLI,
GOWRIBIDANUR,
CHIKKABALLAPUR-561208.
19 . SRI. MOHAN
S/O SRI. NARASIMAIAH,
AGED ABOUT 25 YEARS,
RESIDENT OF KACHAMACHENNAHALLI,
GOWRIBIDANUR,
CHIKKABALLAPUR-561208.
20 . SRI. LAKSHMINARAYANA
S/O SRI. NARASIMHALPPA
AGED ABOIUT 34 YEARS,
RESIDING AT NO.201,
LHALAGANAHALLI,
GOWRIBIDANUR,
CHIKKABALLAPUR-561208.
21 . SRI. NAVEEN KUMAR.A
S/O SRI. ASHWATHANARYANAPPA,
AGED ABOUT 28 YEARS,
RESIDING AT NO.73,
H. NAGASANDRA,
GOWRIBIDANUR,
CHIKKABALLAPUR-561208.
22 . SRI DEVARAJA B
S/O SRI MAHALINGAIAH
AGED ABOUT 29 YEARS
R/A NO.34
BOMMENAHALLI
TURUVEKERE TALUK
TUMKUR-572227
23 . SRI NAVEEN KUMAR N
S/O SRI NARASAPPA
AGED ABOUT 26 YEARS
R/A NO.21, KERE OLAGINAHALLI
SUBBARAYANA HALLI
GOWRIBIDANUR
CHIKKABALLAPOUR-561228
- 10 -
24 . SRI PRABHAKARA REDDY M N
S/O SRI NARASIMHAREDDY
AGED ABOUT 33 YEARS
R/A NO.188A, MUDDALODU
GOWRIBIDANUR
CHIKKABALLAPUR-561228
25 . SRI THIPPANNA
S/O SRI CHIKKAGANGAPPA
AGED ABOUT 26 YEARS
R/A NO.31, SURYANAKANAHALLI
GOWRIBIDANUR
CHIKKABALLAPUR-561208
26 . SRI HARISH A
S/O SRI ASHWATHAPPA
AGED ABOUT 28 YEARS
R/O THOKALAHALLI
GOWRIBIDANUR
CHIKKABALLAPUR-561228
27 . SRI HANUMANTH
S/O SRI SANJEEVAPPA
AGED ABOUT 25 YEARS
R/O KADABUR VILLAGE
GOWRIBIDANUR
CHIKKABALLAPUR-561206
28 . SRI ARTHISH KUMAR
S/O SRI APPA REDDY
AGED ABOUT 24 YEARS
RESIDING AT NO.7(B)
CHIKKANALLA GUTTAHALLI
BANGARPET
KOLAR-563 114
29 . SRI KRISHNAPPA V
S/O SRI VENKATESHAPPA
AGED ABOUT 31 YEARS
RESIDING AT NO.28
ATTIGERE MANGODI
BANGARPET
KOLAR-563114
- 11 -
30 . SRI SOMASHEKAR M
S/O SRI MUNIVENKATAPPA
AGED ABOUT 38 YEARS
RESIDENT OF NEW TOWN
NEAR VINAYAKA THEATRE
BANGARPET TALUK
BETHAMANGALA
KOLAR-563 116
31 . SRI MURALI KRISHNA B R
S/O SRI RAMAPPA
AGED ABOUT 32 YEARS
RESIDING AT NO.95
NEW TOWN
BANGARPET TALUK
BETHAMANGALA
KOLAR-563 121
32 . SRI KRISHNAPPA K
S/O SRI KEMPANNA
AGED ABOUT 32 YEARS
R/O N G HULKURU VILLAGE AND POST
KOLAR-563 116
33 . SRI PRADEEP KUMAR K
S/O SRI KRISHNAMURTHY
AGED ABOUT 24 YEARS
RESIDING AT NO.58/5
DODDAGOLLARATTI
BANGALORE-560 056
34 . SRI VEERABHADRAGOWDA B S
S/O SRI SHIVAIAH B C
AGED ABOUT 25 YEARS
R/AT NO.69,
20TH MAIN,KEMPEGOWDA LAYOUT,
LAGGERE OUTER RING ROAD,
PEENYA SMALL,
BANGALORE-560 058
35 . SRI NAVEEN KUMAR M G
S/O SRI GANGANNA,
AGED ABOUT 25 YEARS
R/O MANGIPALYA
- 12 -
MAGADI TALUK,SHANKHIGHATTA,
RAMANAGARA-562 131
36 . SRI BHARATH
S/O SRI NAGENDRA,
AGED ABOUT 22 YEARS
R/AT NO.50,2ND STAGE,
REVENUE,
BHARATHNAGAR,
BANGALORE-560 091
37 . SRI GOVARDHANA H
S/O SRI HANUMEGOWDA,
AGED ABOUT 24 YEARS
R/O MAGADI,
RAMANAGARA DISTRICT-562 120
38 . SRI NARASIMHAMURTHY
S/O SRI SRIRAMAPPA,
AGED ABOUT 32 YEARS
R/AT NO.91,YAGAVAKOTE,
CHINTHAMANI,
KOLAR-563 101
39 . SRI SRINATH J N
S/O SRI NARAYANASWAMY,
AGED ABOUT 29 YEARS
R/AT NO.00,JUNJANAHALLI,
CHINTHAMANI,
KOLAR-563 101
40 . SRI.LOKESH V.M.
S/O SRI.MUNIYAPPA,
AGED ABOUT 34 YEARS,
R/AT NO.29, VEERAPURA,KOLAR-563101
41 . SRI.MANJUNATHA
S/O SRI VENAKATASWAMY,
AGED ABOUT 33 YEARS,
R/AT NO.168,YAGAVAKOTE,
CHINTHAMANI,
KOLAR-563 101
- 13 -
42 . SRI.SHIVANNA J.M.
S/O SRI.MUNIVENKATAPPA,
AGED ABOUT 36 YEARS,
R/O ERAGAMPALLI,JUNJANAHALLI,
CHIKABALAPURA-563 123
43 . SRI.IRFAN PASHA
S/O SRI.ANWAR BASHA,
AGED ABOUT 26 YEARS,
R/AT NO.474, DODERI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT-562 132.
44 . SRI.RAVIKUMAR.K
S/O SRI.KRISHNAMURTHY V
AGED ABOUT 22 YEARS,
R/AT 4TH WARD, GONDIHALLI ROAD,
KORATAGERE,
TUMKUR-572 129.
45 . SRI.VASEEM PASHA
S/O SRI.MAHABOOD,
AGED ABOUT 27 YEARS,
R/O TRIYAMBAKESHWARI COLONY,
3RD WARD,
KORATAGERE TOWN,
TUMKUR-572 129.
46 . SRI CHANDRASHEKAR P
S/O SRI PAPANNA,
AGED ABOUT 32 YEARS,
R/AT NO.1, 1ST MAIN ROAD,
NEAR DEENASEVA SCHOOL,
VRUSHABHAVATHINAGAR
KAMALANAGAR
BANGALORE 560079
47 . SRI SRINIVAS S
S/O SRI S HIVANNA,
AGED ABOUT 35 YEARS,
R/AT NO.4, 1ST CROSS,
LAKSHMIDEVI, NANDINI LAYOUT
BENGALURU 560 096
- 14 -
48 . SRI RAMU M
S/O SRI MUNIRAJU
AGED ABOUT 24 YEARS,
R/AT NO.44/8, 6TH CROSS,
SHIVANANDA NAGARA
NAGARABHAVI MAIN ROAD
BENGALURU 560 072
49 . SRI THEJESH J S
S/O SRI SWAMYGOWDA,
AGED ABOUT 24 YEARS,
R/O JAVARIKOPPALU
DALAGOWDANAHALLI,
DODDAKADANUR,
HOLENARASIPURA TALUK,
HASSAN 573211
50 . SRI SHIVAKUMARA B R
S/O SRI RANGASWAMAIAH,
AGED ABOUT 22 YEARS,
R/AT NO.48, BAGINAGERE
MAGADI TALUK
RAMANAGARA 562131
51 . SRI PUNITH K N
S/O SRI NINGAPPA
AGED ABOUT 23 YEARS,
R/AT NO.128, MINI DAIRY
KADARAMANGALA
GOWDAGERE, CHANNAPTNA TALUK,
RAMANAGARA 562108
52 . SRI BASAVARAJU
S/O LATE NANJAPPA,
AGED ABOUT 27 YEARS,
R/O RANGIAHANA PALYA,
MADABAL HOBLI, MAGADI TALUK,
RAMANAGAR DISTRICT-562120
53 . SRI PUTTANANJA M
S/O SRI MAYANNA,
AGED ABOUT 27 YEARS,
R/O RAMESHWARA NAGARA,
- 15 -
B.K.ROAD, MAGADI,
RAMANAGAR-562120
54 . SRI SATHYANARAYANA SWAMY K N
AGED ABOUT 28 YEARS,
R/AT NO.98, SRI MARUTHI NILAYA,
CHANNAPATNA BADAVANE,
MAGADI, RAMANAGAR-562120
55 . SRI VENKATESH N
S/O SRI NARAYANAPPA,
AGED ABOUT 29 YEARS,
R/O NESEPALYA, MADABAL,
MAGADI, RAMANAGARA-562123
56 . SRI INDRESHA C S
S/O CHIKKAKEMPAIAH,
AGED ABOUT 41 YEARS,
R/O SEEGEKUPPE, MADABAL,
MAGADI, RAMANAGARA-562120
57 . SRI THIMMEGOWDA
S/O RANGAIAH,
AGED ABOUT 33 YEARS,
R/O HULUVENBHALLI,
MADABAL, MAGADI,
RAMANAGARA-562120
58 . SRI VIKRAM R
S/O RAJA M
AGED ABOUT 29 YEARS,
R/AT NO. 119, 2ND BLOCK,
6TH CROSS ROAD, KGF,
BANGARPET,
ROBERTSON PET, KOLAR - 563 122.
59 . SRI MANJUNATHA M
S/O SRI MUNIKRISHNAPPA,
AGED ABOUT 37 YEARS,
R/AT NO. 95,
THUMATAGERE, BANGARPET,
KOLAR - 563 114.
- 16 -
60 . SRI RAMACHANDRA K
S/O SRI KANNA,
AGED ABOUT 31 YEARS,
R/AT NO. 264, KARAHALLI,
BANGARPET TALUK,
KOLAR - 563 114.
61 . SRI MAHENDRABABU B A
S/O SRI ANJAPPA,
AGED ABOUT 34 YEARS,
R/AT NO. 24, MAJARE GOLLAHALLI T
BANGARPET TALUK,
KOLAR - 563 116.
62 . SRI ANNAYYA
S/O SRI KONDAPPA,
AGED ABOUT 38 YEARS,
R/AT NO. 268, TOWN BLOCK NO. 18,
KEB QUARTERS, BANGARPET,
KOLAR - 563 114.
63 . SRI HARISH KUMAR K S
S/O SRI SIDDABASAVAIAH,
AGED ABOUT 27 YEARS,
R/O KURUBARAHALLI,
CHIKKANAYAKANAHALLI TALUK,
TUMAKUR - 572 214.
64 . SRI SHANTHARAJU N K
S/O.SRI.KONAKAIAH B.,
AGED ABOUT 35 YEARS,
R/AT NO.130, NIRUVAGAL,
CHIKKANAYAKANAHALLI TALUK,
TUMAKUR-572119.
65 . SRI SHIVANANDA
S/O.SIR.CHIKKANNA,
AGED ABOUT 32 YEARS,
R/O.DODDIHATTI,
RAMANAHALLI POST,
CHIKKANYAKANAHALLI POST,
TUMAKUR-572228.
- 17 -
66 . SRI HARISH G
S/O.SRI.GANGADHARAIAH,
AGED ABOUT 42 YEARS,
R/AT NO.306, GODEKERE,
A.D.COLONY,
CHIKKNAYAKANAHALLI TALUK,
TUMAKUR-572214.
67 . SRI LAKSHMANAYAKA G
S/O.SRI.GANGANAIKA,
AGED ABOUT 23 YEARS,
R/AT NO.75, GANADALU,
CHIKKANAYAKANAHALLI TALUK,
TUMAKUR-572218.
68 . SRI RANGASWAMY K R
S/O.RAMALINGAIAH,
AGED ABOUT 26 YEARS,
R/O. SHANKARAPURA HULIYAR,
CHIKKANAYAKANAHALLI TALUK,
TUMAKUR-572118.
69 . SRI SHASHIKUMAR K P
S/O.SRI.PUTTAIAH,
AGED ABOUT 24 YEARS,
R/O.KURUBARAHALLI,
CHIKKANAYAKANAHALLI,
TUMAKUR-5762214.
70 . SRI DAYANANDA B N
S/O SRI NARASIMHAIAH,
AGED ABOUT 29 YEARS,
R/O.KATRI KEHEL,
TEERTHAPURA POST,
KANDIKERE HOBLI,
CHIKKANAYAKANAHALLI TALUK,
TUMAKUR-572214.
71 . SRI MARUTHI PRASAD K B
S/O.BHEEMAIAH K.L.,
AGED ABOUT 21 YEARS,
R/O.KARIYAMMADEVI GUDI BEEDI,
KANDIKERE, TUMAKUR-572228.
- 18 -
72 . SRI PRABHUSWAMY G M
S/O.SRI.MALLAIAH,
AGED ABOUT 35 YEARS,
R/AT NO.319/A, GODEKERE,
CHIKKANAYAKANAHALLI TALUK,
TUMAKUR-572214.
73 . SRI GOVINDA
S/O.SRI.PAPAIAH,
AGED ABOUT 36 YEARS,
R/AT NO.78, SAKKANAHALLI,
BANGARPET TALUK, KOLAR-563114.
74 . SRI MANJUNATHA K
S/O.SRI.KRISHNAPPA,
AGED ABOUT 43 YEARS,
R/AT NO.33, MARAVAHALLI,
BANGARPET TALUK,
KOLAR-563114.
75 . SRI ANJANABABU T
S/O SRI.THAYAPPA,
AGED ABOUT 34 YEARS,
R/AT NO.30, GAJAGA,
BANGARPET TALUK,
KOLAR-563114.
76 . SRI SRINATH K R
S/O.RAMACHANDRA ACHARI,
AGED ABOUT 32 YEARS,
R/AT NO.12, KAMASAMUDRA,
BANGARPET TALUK,
KOLAR-563129.
...PETITIONERS
(BY SRI. V R BALARAJ, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP BY ITS ADDITIONAL CHIEF
SECRETARY TO GOVERNMENT,
ENERGY DEPARTMENT,
ROOM NO.236, 2ND FLOOR,
- 19 -
VIKASA SOUDHA,
BENGALURU-560 007
2. KARNATAKA POWER
TRANSMISSION CORPORATION LIMITED (KPTCL)
REP BY ITS MANAGING DIRECTOR,
HAVING ITS CORPORATE OFFICE AT
CAUVERY BHAVAN, K.G.ROAD,
BENGALURU-560 009
3. BENGALURU ELECTRICITY
SUPPLY COMPANY (BESCOM)
REP BY ITS MANAGING DIRECTOR,
HAVING ITS CORPORATE OFFICE
AT BESCOM, K.R.CIRCLE,
BENGALURU-560 001
...RESPONDENTS
(BY SRI.M.V.RAMESH JOIS, AGA FOR R1)
SRI. S.SRINIVASA, ADVOCATE FOR R-2 & R-3
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE RESPONDENTS TO REGULARISE OR ABSORB THE
PETITIONERS AS JUNIOR LINE MEN AND ETC.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:-
ORDER
In this batch of writ petitions, the petitioners have challenged the recruitment notification dated 21.07.2016 issued by the KPTCL insofar as it relates to the recruitment pertaining to Electricity Supply Company (ESCOM).
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2. The petitioners have sought for a direction to the respondents to regularize or absorb the petitioners as Junior Linemen, quashing the provisional notification dated 07.01.2017, directing the respondent Nos.2 and 3 to reserve the post for contractual labourers, providing age relaxation and weightage for experiences gained.
3. In the batch of writ petitions lead by W.P.Nos.28980-29039/2017, the cognate Bench of this Court, vide order dated 14.09.2018, considering the very same reliefs sought by the petitioners therein, rejected the relief as far as the challenge made to the Notification dated 21.07.2016 and the regularization or absorption of the petitioners therein as Junior Linemen. However, respondents were directed to pay wages of the petitioners on par with the regular Junior Linemen and the same shall be paid to the petitioners within a time frame of three months. Being aggrieved by the aforesaid
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decision of the learned Single Judge, BESCOM has preferred W.A.No.922/2019 and the same came to be disposed of vide order dated 08.01.2020, whereby the order dated 15.12.2018 passed in W.P.Nos.54914- 54927/2017 by the learned Single Judge has been set aside. However, BESCOM has been directed to pay wages to the writ petitioners for the post that they are holding.
4. Learned counsel for the petitioners placing reliance on the interim order dated 10.03.2017 passed by this Court in W.P.Nos.2937-74/2017 and allied matters would contend that in view of the direction issued to the respondents to reserve 332 posts and further not to discontinue the services of the petitioners, pending adjudication of the writ petitions, these matters would certainly to be considered in a different perspective than that of the matters decided by this Court in W.P.Nos.28980-29039/2017 and allied
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matters. It is further submitted that the interim order dated 10.03.2017 granted by this Court has been complied with, by the respondents and as such, their case has to be considered sympathetically regularizing their posts.
5. Learned counsel for the petitioners would submit that the order of the learned Single Judge in W.P.Nos.28980-29039/2017 and allied matters is per incurium. No finding has been recorded inasmuch as the regularization or absorption of the Monsoon Gang Men, the petitioners are concerned. The Division Bench has set aside the order of the learned Single Judge in its entirety. Hence, these writ petitions requires to be considered on merits without placing reliance on the decisions of the learned Single Judge and the Division Bench referred to supra.
6. It is further submitted that in W.P.Nos.41417-453/2015, the cognate Bench of this
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Court has observed that if the Monsoon Gang Men have completed continuous service in the post of Junior Linemen or in any other equivalent post and if they satisfy all other requirements in law for being eligible to the posts in question, their claim for relaxation of age limit shall be considered by the Corporation in future appointments to be made by framing appropriate guidelines/rules. Neither such guidelines/rules have been framed by the Corporation nor the claim of the petitioners for relaxation of the age limit has been considered. However, fresh recruitment notifications have been issued to appoint the Junior Linemen ignoring the long services of the petitioners on contract basis as Junior Linemen in the Corporation.
7. Learned counsel for the respondents have placed reliance on the Division Bench judgment of this Court, Dharwad Bench in W.A.Nos.100404- 100521/2017 and allied matters (D.D. 05.07.2019) in
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support of their contentions that no scheme can be framed for regularization/absorption of the Monsoon Gang Men and the directions of the learned Single Judge issued in that regard has been set aside by the Division Bench.
8. In view of the aforesaid, it is ex-facie apparent that the reliefs claimed in the present batch of matters being considered by the learned Single Judge, the rejection of the reliefs inasmuch as the challenge to the notification dated 21.07.2016 and the regulations/absorption has reached finality. The direction of equal pay for equal work issued by the learned Single Judge has been set aside by the Division Bench.
9. It is trite that the interim order merges with the final order. Moreover, the interim order was issued as an interim measure pending adjudication of the writ petitions. In view of the decision taken relating to the
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identical Junior Linemen working on contractual basis (Monsoon Gang Men) being the subject matter of the writ petitions and the writ appeal referred to above, no different view could be taken by this Court as far as the petitioners herein are concerned.
10. Hence, the challenge made to the notification dated 21.07.2016 issued by the KPTCL as far as the recruitment pertaining to ESCOMS and regulation of the petitioners are rejected.
However, the respondents shall pay the wages to the writ petitioners for the post that they are holding in accordance with law as directed in W.A.No.922/2019.
Writ petitions stand disposed of accordingly. The interim orders, if any, issued in this batch of matters shall be extended for a further period of six weeks.
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In view of disposal of the writ petitions, pending I.As., if any, stand disposed of.
Sd/-
JUDGE PMR