Karnataka High Court
Sri Suresh S/O Rayanna Terdal vs The State Of Karnataka on 9 December, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:17688
WP No. 103895 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 9TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 103895 OF 2024 (S-RES)
BETWEEN:
SRI. SURESH
S/O RAYANNA TERDAL
AGE. 62 YEARS, OCC. FINANCIAL ADVISER,
(INTERNAL AUDIT) (RETD.),
R/O H.NO.MIG-59, 4TH CROSS,
NAVANAGAR, HUBBALLI,
TAL. HUBBALLI,
DIST. DHARWAD 580025.
...PETITIONER
(BY SRI. RAJENDRA R. PATIL, ADVOCATE FOR
SRI. SRINAND A. PACHHAPURE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
RAKESH S
HARIHAR
REP. BY ITS UNDER SECRETARY,
Digitally signed by
RAKESH S HARIHAR
DEPARTMENT OF ENERGY,
Location: High Court of
Karnataka Dharwad Bench
Date: 2025.12.12 14:34:14
+0530
VIKAS SOUDHA,
BENGALURU 560001.
2. THE MANAGING DIRECTOR,
KARNATAKA POWER
TRANSMISSION CORPORATION LTD.,
KAVERI BHAVAN, CORPORATION OFFICE,
BENGALURU 560009.
3. THE DIRECTOR (A AND HR),
KARNATAKA POWER
TRANSMISSION CORP. LTD.,
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NC: 2025:KHC-D:17688
WP No. 103895 of 2024
HC-KAR
KAVERI BHAVAN CORPORATION OFFICE,
BENGALURU 560009.
4. THE GENERAL MANAGER (PERSONAL),
KARNATAKA POWER
TRANSMISSION CORP LTD.,
KAVERI BHAVAN CORPORATION OFFICE,
BENGALURU 560009.
5. THE MANAGING DIRECTOR,
HESCOM, CORPORATE OFFICE,
NAVANAGAR,
P.B ROAD, HUBBALLI,
TAL. HUBBALLI,
DIST. DHARWAD 580025.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. B.S. KAMATE, ADVOCATE FOR R2 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE
REPRESENTATION DATED 18/10/2022, 18/11/2022,
19/12/2022, 20/07/2023 AND 23/11/2023 MARKED AT
ANNEXURE-J, J1 TO J4 RESPECTIVELY & ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:17688
WP No. 103895 of 2024
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this court seeking the following reliefs:
a) Writ of mandamus directing the respondents to consider the Representation dated 18/10/2022, 18/11/2022, 19/12/2022, 20/07/2023 and 23/11/2023 marked at Annexure-J, J1 to J4 respectively.
b) Writ of certiorari quashing the endorsement bearing no.
KAVIPRANINI/BI100/25003/2021-22 dated 1-10-2022 issued by Respondent No.2 vide Annexure-H.
c) Grant any other relief as deemed fit in the interest of justice.
2. Heard the learned counsel Sri.Srinand A. Pachhapure and Sri.Rajendra R. Patil, appearing for petitioner, learned HCGP- Smt.Girija Hiremath, appearing for respondent No.1 and learned counsel Sri.B.S.Kamate, appearing for respondents No.2 to 5.
3. The petitioner is an employee of the KPTCL. On 06.05.2021, one B.Manjunath, Additional Director Commercial is transferred to the place of the petitioner as Chief Financial Advisor and Director of Finance, Hubli Electricity Supply Company Limited, Hubli, until further orders. On 07.05.2021, owing to the said transfer, the petitioner hands over charge to -4- NC: 2025:KHC-D:17688 WP No. 103895 of 2024 HC-KAR the said incumbent B.Manjunath. On 10.05.2021, the petitioner submits a representation that he is unable to report to the place assigned immediately due to the lockdown imposed on owing to the State engulfed with COVID-19 with effect from 10.05.2021. Another representation of the same kind is submitted on 14.06.2021. The Corporation on 24.11.2021 gives posting to the petitioner at Bangalore. The petitioner reports to duties on 25.11.2021. The representation of the petitioner is placed before the Authorities directing treatment of the said period as compulsory waiting period. An endorsement comes about treating 34 days of the petitioner's absence as dies non, which would mean not treating the service for any purpose. The petitioner then submits another representation seeking to consider the 34 days as compulsory waiting period. It is non consideration of this representation that has led the petitioner to this Court in the subject petition.
4. The learned counsel appearing for the petitioner would reiterate grounds that are urged in the petition seeking quashment of order of treating 34 days as dies non. The learned counsel would also take this court through a notification issued by the Government of Karnataka imposing a lockdown on -5- NC: 2025:KHC-D:17688 WP No. 103895 of 2024 HC-KAR account of COVID-19 and his inability to travel during the said period.
5. The learned counsel Sri.B.S.Kamate, representing the respondent submits that the act of the petitioner is subversive of discipline. He did not report to the duties of the transferred place immediately and therefore the order should not be interfered with. He would further submit that the petitioner is seeking the entire period to be a compulsory waiting period apart from the 34 days that is imposed which should not be granted.
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 petitioner is transferred from Hubli to Bangalore by the notification which reads as follows:
C¢üPÁjUÀ½AzÀ C¢üPÁgÀ ºÀ¸ÁÛAvÀgÀzÀ ªÀgÀ¢ J) C¢üPÁgÀ ºÀ¸ÁÛAvÀgÀPÉÌ ¸ÀA§A¢ü¹zÀ ºÀÄzÉÝAiÀÄ «ªÀgÀUÀ¼ÀÄ 1 ºÀÄzÉÝAiÀÄ ºÉ¸ÀgÀÄ ªÀÄÄRå DyðPÀ C¢üPÁj ºÁUÀÆ ¤zÉÃð±ÀPÀgÀÄ (DyðPÀ) 2 PÀZÉÃjAiÀÄ ºÉ¸ÀgÀÄ ¤UÀªÀÄ PÀbÉÃj, ºÀÄ.«.¸À.PÀA.¤.
3 ¸ÀܼÀ ºÀħâ½î -6- NC: 2025:KHC-D:17688 WP No. 103895 of 2024 HC-KAR 4 ¢£ÁAPÀ ºÁUÀÆ C¢üPÁgÀ 07/05/2021 ¥ÀƪÁðºÀß ºÀ¸ÁÛAvÀgÀzÀ ¸ÀªÀÄAiÀÄ ©) C¢üPÁgÀªÀ£ÀÄß ¹) C¢üPÁgÀªÀ£ÀÄß ºÀ¸ÁÛAvÀj¹zÀ ¹éÃPÀj¹zÀ C¢üPÁjAiÀÄ «ªÀgÀUÀ¼ÀÄ C¢üPÁjAiÀÄ «ªÀgÀUÀ¼ÀÄ
1) C¢üPÁjAiÀÄ ºÉ¸ÀgÀÄ ²æÃ. ¸ÀÄgÉñÀ vÉÃgÀzÁ¼À ²æÃ. ©. ªÀÄAdÄ£ÁxÀ
2) ¦. L.J£ï. ¸ÀASÉå 12296 12598
3) ºÀÄzÉÝAiÀÄ ºÉ¸ÀgÀÄ ªÀÄÄRå DyðPÀ C¢üPÁj ªÀÄÄRå DyðPÀ C¢üPÁj ºÁUÀÆ ¤zÉÃð±ÀPÀgÀÄ ºÁUÀÆ ¤zÉÃð±ÀPÀgÀÄ (DyðPÀ) (DyðPÀ)
4) C¢üPÁgÀ ºÀ¸ÁÛAvÀgÀzÀ PÁgÀt ªÀUÁðªÀuÉ ºÉÆA¢zÀ PÁgÀt
5) DzÉñÀ ¸ÀASÉå ªÀÄvÀÄÛ ¢£ÁAPÀ ¸ÀPÁðgÀzÀ C¢ü¸ÀÆZÀ£É ¸ÀASÉå: J£Àfð 210 EE© 2021 ¢£ÁAPÀ :
06.05.2021 gˣˎAiˀ
6) ¸À» ªÀÄ°ÃPÀ vÉÃgÀzÁ¼À 07-05.2024
7) EªÉįï L.r «¼Á¸À [email protected] "ªÉÄÃ®Ä ¸À»"
¸À»/-
ªÀåªÀ¸ÁÜ¥ÀPÀ ¤zÉÃð±ÀPÀgÀÄ ºÀÄ.«.¸À.PÀA.¤., ºÀħâ½î
8. The petitioner hands over charge to the incumbent, but submits three representations seeking time to report to duties on account of the lockdown. It is not in dispute that there -7- NC: 2025:KHC-D:17688 WP No. 103895 of 2024 HC-KAR was a lockdown imposed in terms of an order dated 07.05.2021 it reads as follows:
GOVERNMENT OF KARNATAKA No. RD 158 TNR 2020 Karnataka Government Secretariat.
MS Building, Bengaluru, Dated: 07-05-2021 ORDER Whereas, the State has issued Guidelines to break the chain of COVID 19 transmission vide Order No. RD 158 TNR 2020, dated 26-04-2021 and modifications to the said guidelines were issued vide Addendums 1 to 5.
And Whereas, the situation of COVID 19 in the State was reviewed and it was observed that daily new COVID 19 positive cases has continued unabated with high positivity rate. The State is satisfied that further stringent containment measures are needed to be implemented to combat the surge of cases.
Now, therefore, in exercise of the powers, conferred under the Section 24 of the Disaster Management Act, 2005, the undersigned, in the capacity of the Chairman, State Executive Committee, hereby issues revised guidelines to break the chain of COVID 19 transmission in the State, as annexed, which shall come into effect from 6 am on 10-05-2021 and will be in force including and upto 6 am of 24-05-2021, for strict implementation by Chief Commissioner BBMP, Police Commissioners, District Deputy Commissioners. Superintendents of Police, and other Heads of Departments and Authorities.
This order supersedes all other previous orders issued pertaining to similar matter.
Sd/-
(P Ravi Kumar) Chief Secretary and Chairman, State Executive Committee -8- NC: 2025:KHC-D:17688 WP No. 103895 of 2024 HC-KAR
9. The inability of the petitioner to report to the duties at Bangalore due to the lockdown cannot, by any stretch of imagination, be imposed upon the petitioner to become a dies non. The Order passed reads as follows:
1. ¢£ÁAPÀ:07.05.2021 jAzÀ 10 ¢£ÀUÀ¼ÀÄ '¸ÉÃgÀÄ«PÉ PÁ¯ÁªÀ¢üÃ' ¢£ÁAPÀ: 16.05.2021
2. ¢£ÁAPÀ:17.05.2021 jAzÀ 34 ¢£ÀUÀ¼À ºÀÄZÀÄѪÀj ¢£ÁAPÀ:20.06.2021 gÀªÀgÉUÉ. ©.E.J¸ï.Dgï ¤AiÀĪÀiÁªÀ½ 98 gÀ C£ÀéAiÀÄ 'qÉʸï-£Á£ï CªÀ¢ü.
¤zÉÃð±ÀPÀgÀÄ (DqÀ½vÀ ªÀÄvÀÄÛ ªÀiÁ.¸ÀA.,) gÀªÀjAzÀ C£ÀĪÉÆâ¸À®ÖnÖzÉ ¥ÀæzsÁ£À ªÀåªÀ¸ÁÜ¥ÀPÀgÄÀ (¹§âA¢) PÀ«¥À椤
10. The period of dies non is between 17.05.2021 to 20.06.2021. In the light of the notification imposing lockdown and the inability of the petitioner to report to duties, owing to the said lockdown would endure to the benefit of the petitioner which leads to the obliteration of the impugned order.
11. With the aforesaid reasons, the following order:
ORDER
(i) The petition allowed.
(ii) The impugned endorsement dated 01.10.2022 at Annexure-H stands quashed.-9-
NC: 2025:KHC-D:17688 WP No. 103895 of 2024 HC-KAR
(iii) The 34 days of treatment of dies non be treated as service.
(iv) The petitioner would be entitled to all consequential benefits that would flow from treating 34 days as service.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA) JUDGE RHR/- CT:VP LIST NO.: 1 SL NO.: 24