Sri.Bhavikatti V.S vs The Chief Secretary on 24 January, 2023

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Karnataka High Court

Sri.Bhavikatti V.S vs The Chief Secretary on 24 January, 2023

Bench: B M Shyam Prasad

                                                -1-
                                                          WP No. 7428 of 2021




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 24TH DAY OF JANUARY, 2023

                                             BEFORE
                           THE HON'BLE MR JUSTICE B M SHYAM PRASAD
                             WRIT PETITION NO. 7428 OF 2021 (S-RES)
                      BETWEEN:

                      1.   SRI.BHAVIKATTI V.S.
                           AGED ABOUT 59 YEARS
                           S/O SAMBANNA BHAVIKATTI
                           WORKING AS DEPUTY GENERAL MANAGER
                           HRD (DGM)
                           DEPARTMENT OF HUMAN RESOURCE (HRD) HYDEL
                           KARNATAKA POWER CORPORATION LTD (KPCL)
                           JOG FALLS, SAGARA TALUK
                           SHIMOGA DIST.

                      2.   SRI CHANDRA SHEKAR
                           AGED 57 YEARS,
                           S/O CHIKKERAIAH,
                           DEPUTY GENERAL MANAGER (HRD),
                           KARNATAKA POWER CORPORATION LTD. (KPCL),
                           NO.82, SHAKTHI BHAVAN,
Digitally signed by        RACE COURSE ROAD,
NARASIMHA
MURTHY                     BANGALORE-560001
VANAMALA
Location: HIGH                                                ...PETITIONERS
COURT OF
KARNATAKA
                      (BY SRI. NATARAJ SHARMA S., ADVOCATE)

                      AND:

                      1.   THE CHIEF SECRETARY
                           GOVERNMENT OF KARNATAKA
                            -2-
                                      WP No. 7428 of 2021




     ROOM NO.320, VIDHANA SOUDA
     DR B R AMBEDKAR ROAD
     BANGALORE-560001

2.   THE ADDITIONAL CHIEF SECRETARY
     DEPARTMENT OF PERSONNEL AND
     ADMINISTRATIVE REFORMS (DPAR),
     GOVERNMENT OF KARNATAKA, 2ND FLOOR,
     PODIUM BLOCK, VISHWESHWARAIAH TOWER,
     AMBEDKAR VEEDHI, BANGALORE-01

3.   THE ADDITIONAL CHIEF SECRETARY
     DEPARTMENT OF ENERGY
     GOVERNMENT OF KARNATAKA
     ROOM NO.236, 2ND FLOOR
     VIKASA SOUDHA
     BANGALORE-01

4.   THE MANAGING DIRECTOR
     KARNATAKA POWER CORPORATION LTD. (KPCL)
     NO.82, SHAKTHI BHAVAN
     RACE COURSE ROAD
     BANGALORE-560001
                                      ...RESPONDENTS

(BY SMT. M.C.NAGASHREE, AGA FOR R1-R3;
     SRI. PRADYUMNA L. NARSIMHA, ADVOCATE FOR
     SRI. PROMOD NAIR, ADVOCATE FOR R4)


    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
RESTRAIN THE R-1 TO 3 TO DEPLOY PERSON ON DEPUTATION
TO THE POST OF GENERAL MANAGER (HR) FROM OUTSIDE
THE DEPARTMENT. DIRECT THE R-4 TO CONSTITUTE AND
MEET   DEPARTMENTAL      PROMOTION   COMMITTEE    TO
CONSIDER THE REPRESENTATION OF THE PETITIONERS AS
                               -3-
                                          WP No. 7428 of 2021




PER THE PROMOTION SCHEME AND ELIGIBILITY ENUNICATED
IN ANNX-I OF VIDE ANNX-C.

    THIS PETITION, COMING ON FOR PRELIMINARY HEARING
B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:


                           ORDER

The learned counsels for the parties submit in unison that the second petitioner has been granted promotion and to this extent, the petition is rendered infructuous.

Sri. Nataraj Sharma S., the learned counsel for the petitioners, submits that the first petitioner would also not pursue the writ petition because he has attained the age of superannuation during the pendency of this petition.

In the light of the afore, the petition stands disposed of as having become infructuous.

SD/-

JUDGE RB

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