Karnataka High Court
K.P.T.C.L. General Category ... vs Karnataka Power Transmission on 13 November, 2018
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NOs. 45459-60/2015 (S-PRO)
C/W
WRIT PETITION NOs. 45461-63/2015 (S-PRO)
IN WP NOs. 45459-60/2015:
BETWEEN:
1. K.P.T.C.L GENERAL CATEGORY ASSOCIATION
NO.106, 3RD CROSS, GANDHINAGAR
BANGALORE - 560 009,
REPRESENTED BY
ITS PRESIDENT SRI. T M SHIVAPRAKASH
2. Ms. R FARZANA
W/O ZABIULLA
AGED ABOUT 31 YEARS
WORKING AS ASSISTANT ENGINEER
(TRANSMISSION), HSR DIVISION, BESCOM
& R/S NO.17TH CROSS, 24TH MAIN
PARANGIPALYA, II SECTOR, HSR LAYOUT
BANGALORE - 560 102.
... PETITIONERS
(BY SRI. M NAGAPRASANNA, ADVOCATE)
AND:
1. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
CORPORATE OFFICE, CAUVERY BHAVANA
BANGALORE - 560 009 REPRESENTED BY
ITS MANAGING DIRECTOR
2. KPTCL DIPLOM ENGINEERING ASSOCIATION(R)
A REGISTERED TRADE UNION REGISTERED
UNDER THE TRADE UNIONS ACT,
(REG NO.TU/CR-6/09)
REPRESENTED BY ITS GENERAL SECRETARY
ITC BUILDING, 2ND FLOOR, KPTCL COMPOUND
RACE COURSE CROSS ROAD
ANAND RAO CIRCLE, BENGALURU - 560 009.
2
3. SRI. SURESH
S/O KUSHAPPA
AGED ABOUT 48 YEARS
NOW WORKING AS ASSISTANT ENGINEER
(NON GRADUATE) C1, SUB DIVISION,
BESCOM, PRAKASH NAGAR
RAJAJINAGAR, BENGLAURU - 10
AND RESIDING NO.1380, 1ST FLOOR,
BEHIND SAI COLLEGE,
4TH CROSS 'D' BLOCK,
RAJAJINAGAR,
BENGALURU - 560 010.
... RESPONDENTS
(M/S JUST LAW, ADVOCATE FOR R1;
M/S SUBBA RAO & CO., ADVOCATE FOR R2 &3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE ENTIRE RECORDS LEADING TO THE COMMUNICATIONS
DATED 07.10.2015 AND 09.10.2015. AND DIRECT THE
RESPONDENT /CORPORATION NOT TO EFFECT ANY
PROMOTION OF ASSISTANT ENGINEER TO THE CADRE OF
ASSISTANT EXECUTIVE ENGINEER UNLESS THE
RESPONDENT UNDERTAKES REVIEW OF PROMOTIONS
GRANTED TO THE CADRE OF ASSISTANT EXECUTIVE
ENGINEER ON THE BASIS OF RESERVATION AS HELD BY
THE HON'BLE SUPREME COURT IN THE CASE OF
M.NAGARAJ V. UNION OF INDIA AND UTTAR PRADESH
POWER CORPORATION LIMITED., V. RAJESH KUMAR AND
CONSIDER THE CASE OF THE 2ND PETITIONER FOR
PROMOTION TO THE CADRE OF ASSISTANT EXECUTIVE
ENGINEER IN ACCORDANCE WITH LAW.
IN WP NOs. 45461-63/2015:
BETWEEN:
1. K.P.T.C.L. GENERAL CATEGORY ASSOCIATION
NO.106, 3RD CROSS, GANDHINAGAR,
BANGALORE-560 009.
REPRESENTED BY ITS PRESIDENT
SRI. T.M. SHIVAPRAKASH.
2. B.N. MOHAN KUMAR
AGED ABOUT 59 YEARS,
S/O. N. NARASIMHARAO,
WORKING AS SUPERINTENDING ENGINEER
(ELECTRICAL), CORPORATE OFFICE,
PURCHASE WING, K.R.CIRCLE,
BESCOM, BANGALORE-560 001.
3
3. T.M. SHIVAPRAKASH
AGED ABOUT 49 YEARS,
S/O. SOMALINGAIAH. T.M.
WORKING AS EXECUTIVE ENGINEER(ELECTRICAL),
VIGILANCE, CRESCENT TOWERS,
BESCOM, BANGALORE-560 001.
... PETITIONERS
(BY SRI. M NAGA PRASANNA, ADVOCATE)
AND:
1. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
CORPORATE OFFICE, CAUVERY BHAVANA,
BANGALORE-560 009,
REPRESENTED BY ITS MANAGING DIRECTOR.
2. STATE OF KARNATAKA
BY ITS ADDL. CHIEF SECRETARY TO GOVT.,
ENERGY DEPARTMENT, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE-560 001.
3. K. RAMAKRISHNA
AGED ABOUT 57 YEARS,
MANAGING DIRECTOR, KAVIKA,
MYSORE ROAD, BENGALURU-560023.
4. H. NAGESH
AGED ABOUT 57 YEARS,
DIRECTOR (TECHNICAL), CORPORATE OFFICE,
BESCOM, K.R. CIRCLE, BENGALURU-560 001.
5. CHIKKANANJAPPA
AGED ABOUT 57 YEARS,
DIRECTOR (TECHNICAL), CORPORATE OFFICE,
PARADIGM PLAZA, MESCOM,
A.B. SHETTY CIRCLE, PANDESHWARA,
MANGALURU-575 001.
6. M. MAHADEVA
AGED ABOUT 58 YEARS,
MANAGING DIRECTOR, CORPORATE OFFICE,
GULBARGA ELECTRICITY SUPPLY COMPANY,
MAIN ROAD, KALBURGI - 563102..
7. K.T. MAHANTHAPPA
AGED ABOUT 57 YEARS,
CHIEF ENGINEER ELECTRICITY,
TRANSMISSION ZONE, KPTCL,
4
ANANDA RAO CIRCLE,
BENGALURU-560 009.
8. A.J. HOSAMANI
AGED ABOUT 55 YEARS,
CHIEF ENGINEER ELECTRICITY,
PLANNING & CO-ORDINATION,
KPTCL, KAVERI BHAVAN,
BENGALURU-560 009.
9. L.R. NEELYA NAIK
AGED ABOUT 55 YEARS,
DIRECTOR (TECHNICAL) CORPORATE OFFICE,
GULBARGA ELECTRICITY SUPPLY COMPANY,
MAIN ROAD, KALBURGI - 563 102.
10. S.V. GOVINDA RAJ
AGED ABOUT 54 YEARS,
CHIEF GENERAL MANAGER,
(OPERATIONS), CORPORATE OFFICE,
BESCOM, K.R. CIRCLE,
BENGALURU-560 001.
11. N. LAKSHMANA
AGED ABOUT 58 YEARS,
DIRECTOR (TECHNICAL) CORPORATE OFFICE,
MANGALORE ELECTRICITY SUPPLY COMPANY,
MANGALORE - 575 101.
12. B.K. UDAYA KUMAR
AGED ABOUT 54 YEARS,
CHIEF ENGINEER ELECTRICITY,
BMAZ, BESCOM, NRUPATHUNGA ROAD,
BENGALURU-560 001.
13. M. MAHADEVA
AGED ABOUT 59 YEARS,
CHIEF ENGINEER ELECTRICITY,
TRANSMISSION ZONE, KPTCL,
3RD FLOOR, "PRASARANA BHAVAN",
SANTHEPETE, B.M. ROAD,
HASSAN-573 201.
14. SADASHIVA
AGED ABOUT 55 YEARS,
CHIEF ENGINEER ELECTRICITY,
RT & R&D, KPTCL, KAVERI BHAVAN,
BENGALURU-560 009.
5
15. RAJAPPA
AGED ABOUT 55 YEARS,
CHIEF ENGINEER ELECTRICITY,
HUBBALI ELECTRICITY SUPPLY COMPANY,
HUBBALLI.
16. GHODE GUNDAPPA
AGED ABOUT 58 YEARS,
CHIEF ENGINEER ELECTRICITY,
O&M ZONE, GULBARGA ELECTRICITY SUPPLY
COMPANY, MAIN ROAD, KALBURGI - 581 301.
17. S.P. SAKKARI
AGED ABOUT 54 YEARS,
CHIEF ENGINEER ELECTRICITY,
O&M ZONE, HUBBALLI ELECTRICITY
SUPPLY COMPANY, NEHRU NAGAR,
BELGAUM-590 010.
18. R.S. NARENDRA
AGED ABOUT 56 YEARS,
CHIEF ENGINEER ELECTRICITY,
CORPORATE OFFICE,
GULBARGA ELECTRICITY
SUPPLY COMPANY MAIN ROAD,
KALBURGI - 580001.
19. M.T. MANJUNATH
AGED ABOUT 55 YEARS,
CHIEF ENGINEER ELECTRICITY,
LDC, KPTCL, RACE COURSE ROAD,
ANANDA RAO CIRCLE, BENGALURU-560 009.
20. M. PRATHAP
AGED ABOUT 57 YEARS,
TRANSMISSION ZONE, KPTCL,
1ST FLOOR, PRASARANA BHAVAN,
FTS COMPOUND, N.R.MOHALLA,
MYSORE-570 007.
21. M. MUNIRAJU
AGED ABOUT 54 YEARS,
CHIEF ENGINEER ELECTRICITY,
CHAMUNDESHWARI ELECTRICITY
SUPPLY COMPANY, MYSORE.
22. M.SHANTHI
AGED ABOUT 53 YEARS,
CHIEF GENERAL MANAGER,
CORPORATE AFFAIRS, CORPORATE OFFICE,
6
BESCOM, K.R. CIRCLE,
BENGALURU-560 001.
23. G.V. BALARAM
MANAGING DIRECTOR, KREDL,
SCOUTS BHAVAN, PALACE ROAD,
BENGALURU-560 001.
24. B.L. YASHAWANTH CHAVAN
CHIEF ENGINEER ELECTRICITY,
BMRCL, BMTC COMPLEX,
K.H. DOUBLE ROAD, SHANTHINAGAR,
BENGALURU-560 027.
25. K. SIDDARAJU
AGED ABOUT 54 YEARS,
CHIEF ENGINEER ELECTRICITY,
TRANSMISSION ZONE, KPTCL,
BAGALKOT.
26. G. HANUMANTHA RAJU
AGED ABOUT 56 YEARS,
CHIEF ENGINEER ELECTRICITY,
BRAZ, BESCOM, INDURSTRIAL AREA,
RAJAJINAGAR, BENGALURU-560 010.
27. ANANDA NAIK
AGED ABOUT 55 YEARS,
CHIEF ENGINEER ELECTRICITY,
O&M ZONE, MESCOM,
MANGALURU-575001.
28. MANOJ KUMAR H. POOJAR
AGED ABOUT 55 YEARS,
CHIEF ENGINEER ELECTRICITY,
KPTCL, TUMAKURU - 572101.
29. R.D. CHANDRASHEKAR
AGED ABOUT 51 YEARS,
CHIEF ENGINEER ELECTRICITY,
TRANSMISSION ZONE,
KPTCL, KALABURGI-580021.
30. M.G. SURESH BABU
AGED ABOUT 56 YEARS,
CHIEF ENGINEER ELECTRICITY,
PCKL, KAVERI BHAVAN,
BENGALURU-560 009.
7
31. LAKSHMAN CHAVAN
AGED ABOUT 50 YEARS,
CHIEF ENGINEER ELECTRICITY,
CTZA, BESCOM, CHITRADURGA - 577501.
32. D. KODANDA PANI
AGED ABOUT 51 YEARS,
CHIEF ENGINEER ELECTRICITY,
O&M ZONE, GULBARGA ELECTRICITY SUPPLY
COMPANY, BELLARY.
33. B.J. UMESH
AGED ABOUT 50 YEARS,
SUPERINTENDING ENGINEER ELECTRICAL,
TRANSMISSION MAINTENANCE RURAL CIRCLE,
KPTCL, GKVK COMPOUND,
HEBBAL, BENGALURU.
34. G.R. CHANDRASHEKARAIAH
AGED ABOUT 53 YEARS,
SUPERINTENDING ENGINEER ELECTRICAL,
C O & M, NORTH CIRCLE, BESCOM,
NRUPATHUNGA ROAD, BENGALURU-560 001.
35. R. JAYAKUMAR
AGED ABOUT 48 YEARS,
SUPERINTENDING ENGINEER ELECTRICAL,
C O & M, KOLAR CIRCLE, BESCOM, KOLAR.
36. P.N. NAGARAJU
AGED ABOUT 58 YEARS,
SUPERINTENDING ENGINEER ELECTRICAL,
C O & M, WEST CIRCLE, BESCOM,
NEXT TO CHORD ROAD HOSPITAL,
BASAWESHWARANAGAR,
BENGALURU-560 079.
37. HANUMANTHARAYAPPA
AGED ABOUT 56 YEARS,
SUPERINTENDING ENGINEER ELECTRICAL,
C O & M, EAST CIRCLE, BESCOM,
SHIVAJINAGAR, BENGALURU - 560053.
38. C. ADINARAYANA
AGED ABOUT 53 YEARS,
SUPERINTENDING ENGINEER ELECTRICAL,
CORPORATE OFFICE, HESCOM, NAVANAGAR,
HUBBALLI - 580007.
8
39. K.V. GOVINDAPPA
AGED ABOUT 50 YEARS,
SUPERINTENDING ENGINEER ELECTRICAL,
C I & M, TUMAKURU CIRCLE, BESCOM,
TUMAKURU - 580262.
40. SMT. D.PADMAVATHI
AGED ABOUT 50 YEARS,
SUPERINTENDING ENGINEER ELECTRICAL,
CORPORATE OFFICE PARADIGAM PLAZA,
MESCOM,AB SHETTY CIRCLE,
PANDESHWARA, MANGALURU-575 001.
41. S. KOTEPPA
AGED ABOUT 51 YEARS,
GENERAL MANAGER PROJECTS,
CORPORATE OFFICE, BESCOM,
K.R. CIRCLE, BENGALURU-560001.
42. H. BASAPPA
AGED ABOUT 50 YEARS,
SUPERINTENDING ENGINEER ELECTRICAL,
O & M CIRCLE,
HESCOM, CHIKKODI,
BELGAUM DISTRICT.
43. S.V. MANJUNATH
AGED ABOUT 50 YEARS,
SUPERINTENDING ENGINEER ELECTRICAL,
TECHNICAL SECTION, KPTCL,
KAVERI BHAVAN,
BENGALURU-560 009.
44. N.R. M. NAGARAJAN
AGED ABOUT 50 YEARS,
SUPERINTENDING ENGINEER
ELECTRICAL, RAMANAGARA CIRCLE,
BESCOM,TTMC, KENGERI,
BENGALURU-560 060.
45. D. NAGARAJAN
AGED ABOUT 50 YEARS,
SUPERINTENDING ENGINEER
ELECTRICAL, R&D, KPTCL,
KAVERI BHAVAN,
BENGALURU-560 009.
46. V. KRISHNAPPA
AGED ABOUT 51 YEARS,
SUPERINTENDING ENGINEER
9
ELECTRICAL, O/O CEE, TRANSMISSION
ZONE, KPTCL, 1ST FLOOR,
PRASARANA BHAVAN,
FTS, COMPOUND, N.R. MOHALLA,
MYSORE-570 007.
47. S.N. MUNINARAYANA
AGED ABOUT 57 YEARS,
SUPERINTENDING ENGINEER
ELECTICAL, REGULATORY AFFAIRS,
KPTCL, KAVERI BHAVAN,
BENGALURU-560 009.
48. R. SHIVALAL BHILAJI
MAJOR BY AGE,
SUPERINTENDING ENGINEER (ELE.)
O&M CIRCLE, HESOM,
VIJAPURA-580001.
49. VISHANTH NAIK
AGED ABOUT 49 YEARS,
SUPERINTENDING ENGINEER
ELECTRICAL, BESCOM, SOUTH CIRCLE,
NRUPATHUNGA ROAD,
BENGALURU 560 001.
50. ANTHU HANUMATHA KAMBLE
AGED ABOUT 53 YEARS,
SUPERINTENDIG ENGINEER
ELECTRICAL O&M CIRCLE,
HESCOM, NEHRU NAGAR,
BENGALURU-590 010.
51. SMT. G. SHEELA
AGED ABOUT 55 YEARS,
GENERAL MANAGER QS & S,
CORPORATE OFFICE, BESCOM,
K.R. CIRCLE, BENGALURU-560 001.
52. PAWAR MANSHING
AGED ABOUT 54 YEARS,
SUPERINTENDING ENGINEER
ELECTRICAL, O & M CIRCLE,
GULBARGA ELECTICITY SUPPLY
COMPANY, BIDAR - 585401.
53. P. KRISHNA MURTHY
AGED ABOUT 54 YEARS,
GENERAL MANAGER, POWER PURCHASE,
CORPORATE OFFICE
10
BESCOM,K.R. CIRCLE,
BENGALURU-560 001.
54. D. SHIVAPRASAD
AGED ABOUT 58 YEARS,
SUPERINTENDING ENGINEER
ELECTRICAL O&M CIRCLE,
CHAMUNDESHWARI ELECTICITY
SUPPLY COMPANY, MANDYA - 577401.
55. K. RAMACHANDRA
MAJOR BY AGE,
SUPERINTENDING ENGINEER (ELE)
O&M CIRCLE, CESCOM,
KUVEMPU NAGAR,
MYSUR-570001.
56. RAMESH L. BENDIGERI
AGED ABOUT 51 YEARS,
SUPERINTENDING ENGINEER
ELECTRICAL, CORPOATE OFFICE,
HEBBALLI ELECTRICITY SUPPLY COMPANY,
NAVANAGAR, HUBBALLI - 580001.
57. N.V. CHOWDAPPA
AGED ABOU 56 YEARS,
SUPERINTENDING ENGINEER ELECTRICAL,
TRANSMISSION ZONE,
KPTCL, TUMAKURU.
58. V. GOPALA KRISHNA
AGED ABOUT 55 YEARS,
SUPERINTENDING ENGINEER
ELECTRICAL, BRC, BESCOM,
CRESCENT TOWERS, CRESCENT
ROAD, BENGALURU-560 001.
59. MAHADEVA SWAMY PRASANNA
MAJOR BY AGE,
EXECUTIVE ENGINEER ELECTRICAL,
MAJOR WORKS DIVISION, KPTCL,
RAMANAGARA - 562159.
60. H.J. RAMESH
MAJOR BY AGE,
EXECUTIVE ENGINEER ELECTRICAL,
O&M DIVISION, BESCOM,
KANAKAPURA - 562158.
11
61. M.L. RAMASWAMY
MAJOR BY AGE,
EXECUTIVE ENGINEER ELECTRICAL,
BESCOM, K R CIRCLE, BANGALORE.
62. SMT. USHA PADMA
MAJOR BY AGE,
EXECUTIVE ENGINEER ELECTRICAL,
CORPORATE OFFICE,BESCOM,
K.R. CIRCLE, BENGALURU-560 001.
63. M.L. NAGARAJ
MAJOR BY AGE,
EXECUTIVE ENGINEER ELECTRICAL
BESCOM.
64. B. DURGAPPA
MAJOR BY AGE,
EXECUTIVE ENGINEER ELECTRICAL
65. SMT. S.A. PUSPA
MAJOR BY AGE,
EXECUTIVE ENGINEER ELECTRICAL,
TRANSMISSION W&M CIRCLE,
KPTCL, SHIMOGA - 577201.
66. S.C. SHIVAKUMAR
MAJOR BY AGE,
EXECUTIVE ENGINEER ELECTRICAL,
CORPORATE OFFICE,
METERS,BESCOM, BANGALORE.
...RESPONDENTS
(BY SRI. E S INDIRESH, AGA FOR R2;
SRI. S SRIRANGA, ADV FOR M/S JUST LAW, FOR R1;
SMT. GIRIJA PATIL, ADV., FOR R6,
M/S RAVIVARMA KUMAR A/S,
VIKAS ROJIPURA, ADV., FOR R3,4,5,7,9,10,12,14
TO 19,22,23,25,26,28,31 & 32;
SMT. BELLE R, ADVOCATE FOR R33 TO
42,44,45,48,49,52,53,56 TO 59,62,64, & 65;
SRI. VIJAYKUMAR BAJENTRI, ADV., FOR
R8,20,21,47,54,55&60;
-R11,24,30,43,50,61,13,29,46,51,66 ARE SERVED
THROUGH HANDSUMMONS)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENT NO.1 AND 2 TO REVIEW THE
PROMOTIONS GRANTED TO; I) THE CADRE OF CHIEF
12
ENGINEER FROM THE CADRE OF SUPERINTENDING
ENGINEER, II) THE CADRE OF SUPERINTENDING ENGINEER
FROM THE CADRE OF EXECUTIVE ENGINEER AND ETC.,
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
The learned counsel for the petitioners has filed two Memos to the effect that in view of the law declared by the Apex Court in the case of B.K. Pavitra v. Union of India (2017) 4 SCC 620 and the legislative development following the same, these writ petitions have become infructuous and therefore, the same may be disposed off accordingly with liberty to seek revival of the same if and when the matters being de bated before the Apex Court in this connection are decided.
In view of the same, these writ petitions are disposed off as having become infructuous reserving liberty for seeking revival thereof, as sought for.
Sd/-
JUDGE Bsv