Karnataka High Court
Sri.S.A.Venkataravanappa 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
WRIT PETITION No.26397/2017 (S - RES) C/W,
W.P.No.29185/2017 (S - REG)
W.P.No.32715/2017 (S - REG)
IN W.P.No.26397/2017:
BETWEEN:
1 . SRI.S.A.VENKATARAVANAPPA
S/O ANJAPPA, AGED ABOUT 33 YEARS,
R/O NO.21, SONNAPALLI,
SRINIVASAPURA, KOLAR-563135
2 . SRI. NANDISH S R
S/O RAMAPPA, AGED ABOUT 27 YEARS,
R/O SEEGEHALLI, SRINIVASAPURA TALUK
KOLAR DISTRICT-563135
3 . SRI. DINAKARA BABU
S/O B. THIMMARAYAPPA,
AGED ABOUT 41 YEARS,
R/O NO.78, JADERI,
KOLAR TALUK, KOLAR DISTRICT-563135
4 . SRI. R.V.NARAYANASWAMY
S/O VENKATAPPA,
AGED ABOUT 52 YEARS,
R/O NO.123, MAIN ROAD,
YADDAGANGAPALLI, SRINIVASAPURA TALUK,
KOLAR DISTRICT-563135
5 . SRI.H.VENKATESH
S/O LATE HANUMAPPA,
AGED ABOUT 38 YEARS,
R/O NAGADENAHALLI,
-2-
RONUR THIMMASANDRA,
SRINIVASAPUR TALUK, KOLAR DISTRICT-563135
6 . SRI.K.R.VENKATAPPA
S/O RAMAPPA, AGED ABOUT 41 YEARS,
R/O RONURU, KOTAPALLI,
SRINIVASAPUR TALUK,
KOLAR DISTRICT-563135
7 . SRI. C G MANJUNATHA
S/O. GANAPATHI,
AGED ABOUT 33 YEARS,
R/O. MARASANAPALLI,
CHILLARPALLI, SRINIVASAPUR TALUK,
KOLAR DIST 563135 ... PETITIONERS
[BY SRI SUBRAMANYA R., ADV.]
AND:
1 . STATE OF KARNATAKA
ENERGY DEPARTMENT,
ROOM No.236, 2ND FLOOR,
VIKASA SOUDHA, Dr. B.R.AMBEDKAR ROAD,
BANGALORE - 560001
REP BY ITS ADDITIONAL CHIEF
SECRETARY TO GOVERNMENT
2 . KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED (KPTCL)
HAVING ITS CORPORATE OFFICE
AT CAUVERY BHAVAN, K.G.ROAD,
BANGALORE - 560009
REP BY ITS MANAGING DIRECTOR
3 . BANGALORE ELECTRICITY
SUPPLY COMPANY (BESCOM)
HAVING ITS CORPORATE OFFICE AT
BESCOM, K.R.CIRCLE,
BANGALORE - 560001
REP BY ITS MANAGING DIRECTOR ...RESPONDENTS
[BY SRI M.V.RAMESH JOIS, AGA FOR R-1;
SRI P.PRASANNA KUMAR, ADV. FOR R-2 & R-3.]
-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. QUASH THE
RECRUITMENT NOTIFICATION DATED 21.07.2016 VIDE
ANNEXURE-A INSOFAR AS IT RELATES TO RECRUITMENTS
PERTAINING TO R-3.
IN W.P.No.29185/2017:
BETWEEN:
1 . SRI. ANANTHAKUMARA N P
S/O PARASHURAMA
AGED ABOUT 37 YEARS
R/O NAGALAPURA VILLAGE
D B HALLI POST
HOLENARASIPURA TALUK
HASSAN-573211
2 . SRI M N JAYAPRAKASH
S/O SIDDAIAH
AGED ABOUT 40 YEARS
R/O SIRAMAHALL VILLAGE
MALAVALLI TALUK, B G PURA HOLI
MANDYA DISTRICT-571430
3 . SRI PRADEEP C
S/O LATE CHANNAPPA
AGED ABOUT 23 YEARS
R/O ANNURU VILALGE & POST
KASABA HOBLI, H D KOTE TALUK
MYSORE DISTRICT-571114
4 . SRI SREEKANTA
S/O ANKANAIKA
AGED ABOUT 20 YEARS
R/O HOSATHURAHALLI VILLAGE
KASABA HOBLI, H D KOTE TALUK
MYSORE DISTRICT-571114
-4-
5 . SRI KRISHNEGOWDA Y M
S/O MANJEGOWDA
AGED ABOUT 19 YEARS
R/O YALAGONDANAHALLI
HASSAN-573201
6 . SRI HARISH P K
S/O KRISHNA P N
AGED ABOUT 31 YEARS
R/O TEA ESTATE
NEMMANE EAST & WEST NEMMALE
VIRAJPET, KODAGU-571249
7 . SRI SUCHENDRA B L
S/O ITHAPPA POOJARI
AGED ABOUT 24 YEARS
R/O SULUGODU VILLAGE
BILUR PONNAPPASANTHE
KODAGU-571213
8 . SRI DEEPAK M S
S/O SOMAIAH M T
AGED ABOUT 23 YEARS
R/O NOKYA, THITHIMATHI
VIRAJPET, KODAGU-571254
9 . SRI NANDAKUMAR K R
S/O K V RAJESH
AGED ABOUT 25 YEARS
R/O NOKYA, THITHMATHI
VIRAJPET, KODAGU-571254
10 . SRI VIJAYAKUMARA
S/O B R SHYAMA
AGED ABOUT 30 YEARS
R/O HARILAPURA
PERIYAPATNA TALUK
MYSORE-571107
11 . SRI NINGARAJU
S/O KULLANINGAIAH
AGED ABOUT 38 YEARS
R/A H.NO.76, SUJJALUM
MALAVALLI TALUK, MANDYA-571430
-5-
12 . SRI UMESH H R
S/O RAJASHEKAR
AGED ABOUT 34 YEARS
R/O D HALASAHALLI
MALAVALLI TALUK, MANDYA-571430
13 . SRI RAMU M
S/O MALLAIAH M
AGED ABOUT 43 YEARS
R/O HONNADEVI TEMPLE
2ND STREET, SOSALE
T NARASIPURA, MYSORE-571120
14 . SRI SRINIVASA M
S/O MUTHAIAH
AGED ABOUT 34 YEARS
R/A NO.136, AMBEDKAR COLONY
B G PURA HOBLI, MALAVALLI TALUK
MANDYA-571437
15 . SRI UPENDRA KUMAR
S/O MUNIKANTHAIAH
AGED ABOUT 34 YEARS
R/A NO.158, B G PURA HOBLI
MALAVALLI TALUK, MANDYA-571437
16 . SRI VIJAYAKUMAR M V
S/O CHOWDAIAH M K
AGED ABOUT 36 YEARS
R/A NO.4314-2, MALAVALLI TALUK
MANDYA-571430
17 . SRI SHIVANNA
S/O NADUMALLAIAH
AGED ABOUT 43 YEARS
R/A NO.4186, G M STREET
BABAVAINA KERI, MALAVALLI TOWN
MANDYA-571430
18 . SRI SHIVAKUMAR R
S/O RAMACHANDRA REDDY
AGED ABOUT 25 YEARS
R/A REDDY KOPPALU VILLAGE
-6-
KASABA HOBLI, HUNASURU TALUK
MYSORE DISTRICT-571114
19 . SRI SURESH S
S/O SIDDANAYAKA
AGED ABOUT 32 YEARS
R/A HOSARAMENAHALLI VILLAGE
BOLENAHALLI POST, BILIKERE HOBLI
HUNSURU TALUK, MYSORE-571103
20 . SRI SHIVANNANAIKA
S/O SONNANAIKA
AGED ABOUT 41 YEARS
R/A BILIKERE VILLAGE
NEAR CHIKKAMMANA TEMPLE
HUNSURU TALUK, MYSORE-571103
21 . SRI PRASANNA Y M
S/O MAHADEVAPPA
AGED ABOUT 24 YEARS
R/A YAMAGUMBA VILLAGE
KOTTEGALA POST
HANAGODU HOBLI
HUNSURU TALUK
MYSORE-571134
22 . SRI RAJESH H A
S/O AMNEGOWDA
AGED ABOUT 31 YEARS
R/A NO.22-1, HARILAPURA
PERIYAPATNA ALUK
MYSORE-571107 ... PETITIONERS
[BY SRI V.R.BALARAJ, ADV.]
AND:
1 . STATE OF KARNATAKA
REP BY ITS ADDITIONAL CHIEF
SECRETARY TO GOVERNMENT
ENERGY DEPARTMENT
NO.236, 2ND FLOOR, VIKASA SOUDHA
BENGALURU-560001
-7-
2 . KARNATAKA POWER TRANSMISSION
CORPORATION LTD (KPTCL)
REP BY ITS MANAGING DIRECTOR
HAVING ITS CORPORATE OFFICE
AT CAUVERY BHAVAN, K G ROAD
BENGALURU-560009
3 . CHAMUNDESHWARI ELECTRICITY
SUPPLY CORPORATION LTD (CESC),
REP BY ITS MANAGING DIRECTOR
HAVING ITS CORPORATE OFFICE AT NO.29,
VIJAYANAGARA 2ND STAGE
MYSURU-570017 ...RESPONDENTS
[BY SRI M.V.RAMESH JOIS, AGA FOR R-1;
SRI P.PRASANNA KUMAR, 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.
IN W.P.No.32715/2017:
BETWEEN:
1. SRI. NARENDRA BABU N C
S/O CHIKKACHANNEGOWDA
AGED ABOUT 28 YEARS
R/AT NO.76,NERELEKERE,
MAGADI TALUK,
RAMANAGARA-562 131
2. SRI BHARATH BABU
S/O SRI MUNISHAMAPPA,
AGED ABOUT 29 YEARS
R/O NANDAGUDI, HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT-562 122
-8-
3. SRI ARUNKUMAR G
S/O GANGARAJU N
AGED ABOUT 27 YEARS
R/O CHIKKONDAHALLI
HUNDAGANALA
BENGALURU RURAL DISTRICT-562 122
4. SRI S C UMASHANKAR
S/O CHANDRAPPACHAR,
AGED ABOUT 41 YEARS
R/O JANATHA STREET,
SULIBELE,
HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT-562 129
5. SRI S NARASIMHASWAMY
S/O SRIRAMAPPA,
AGED ABOUT 42 YEARS
R/O JANATHA STREET,
SULIBELE,
HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT-562 129
6. SRI MUNIYAPPA
S/O BYRAPPA,
AGED ABOUT 42 YEARS
R/O SULIBELE,
HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT-562 129
7. SRI NAGESH M
S/O SRI MALLAPPA,
AGED ABOUT 43 YEARS
R/O ITTASANDRA,
HOSKOTE TALUK,
BENGALURU RURAL DISTRICT-562 122
8. SRI SHIVAKUMAR R
S/O SRI RAMANNA G
AGED ABOUT 35 YEARS
R/O URATI AGRAHARA,
SANTHEKALLAHALLI,
KOLARA TALUK & DISTRICT-563 128
-9-
9. SRI CHETHANKUMAR S N
S/O SRI NAGARAJU
AGED ABOUT 24 YEARS
R/O KURUBARAPETE
SULIBELE HOBLI, HOSKOTE TALUK
BENGALURU RURAL DISTRICT-562 129
10 . SRI M BYREGOWDA
S/O SRI MUNIYAPPA
AGED ABOUT 48 YEARS
R/O BENDIGANAHALLI
DODDARALAGERE
HOSKOTE TALUK
BENGALURU RURAL DISTRICT-562 129
11 . SRI ANTOY JOYEE A
S/O SRI AROGYASWAMY
AGED ABOUT 33 YEARS
R/AT WARD NO.4, KOTE
NEAR CRESCENT SCHOOL
SHIDLAGHATTA TALUK
CHIKKABALLAPURA-562 105
12 . SRI D N MANJUNATH
S/O SRI NARASIMHAIAH
AGED ABOUT 28 YEARS
R/O DIBBURAHALLI
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA-562 105
13 . SRI TOUSEEF PASHA M S
S/O SRI MEHABOOB PASHA
AGED ABOUT 21 YEARS
RESIDING NEAR AMERICA MASJID
1ST TMC LAYOUT
WARD NO.18
SHIDLAGHATTA TALUK
CHIKKABALLAPURA-562 105
14 . SRI C P MUNIRAJU
S/O SRI PILLAPPA
AGED ABOUT 34 YEARS
R/O CHANNASANDRA
- 10 -
KYALANUR
KOLAR TALUK
KOLAR-563 101
15 . SRI SHIVAKUMAR A M
S/O SRI MUNIVENKATAPPA
AGED ABOUT 33 YEARS
R/O ABBALUDU
CHIKKABALLAPUR TALUK
CHIKKABALLAPURA-562 105
16 . SRI GANGADHARA A
S/O SRI DODDA ANJINAPPA
AGED ABOUT 29 YEARS
R/O THATAHALLI VILLAGE
CHIKKABALLAPUR TALUK
CHIKKABALLAPURA-562 105
17 . SRI MADHUKUMAR S N
S/O SRI NAGARAJU
AGED ABOUT 26 YEARS
R/O KURUBARAPETE
SULIBELE HOBLI
HOSKOTE TALUK
BENGALURU RURAL DISTRICT-562 129
18 . SRI NANDEESH K B
S/O SRI BAIRAPPA
AGED ABOUT 36 YEARS
R/O KOLATTHURU
HOSKOTE TALUK
BENGALURU RURAL DISTRICT-562 114
19 . SRI DEVARAJU N
S/O SRI NARAYANAPPA
AGED ABOUT 35 YEARS
R/O CHIKKONDAHALLI
SULIBELE HOBLI
HOSKOTE TALUK
BENGALURU RURAL DISTRICT-562 122
20 . SRI VENKATESH H K
S/O SRI KAREHANUMAIAH
AGED ABOUT 26 YEARS
- 11 -
R/O HULENAHALLI
MAGADI TALUK
RAMANAGARA-562 131
21 . SRI T KRISHNAPPA
S/O SRI THIRUMALAPPA
AGED ABOUT 29 YEARS
R/O THATAHALLI
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA-562 105
22 . SRI MOHAMMED PASHA
S/O SRI AZEEZ KHAN
AGED ABOUT 39 YEARS
R/AT WARD NO.9
SIDDHARTHA NAGARA
SHIDLAGHATTA TOWN
CHIKKABALLAPURA-562 105
23 . SRI P N ANJANEYA
S/O SRI DODDANARAYANAPP
AGED ABOUT 38 YEARS
R/O PINDIPAPANAHALLI
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA-562 105
24 . SRI SALEEM
S/O SRI BABAJAN
AGED ABOUT 32 YEARS
R/AT WARD NO.9
SIDDHARTHA NAGARA
SHIDLAGHATTA TOWN
CHIKKABALLAPURA-562 105
25 . SRI MARUTHI KUMAR
S/O SRI SONNAPPA
AGED ABOUT 33 YEARS
R/O KUNDALAGURKI VILLAGE
SHIDLAGHATTA TALUK
CHIKKABALLAPURA-562 105
26 . SRI KRISHNAMURTHY H
S/O SRI HANUMANTHAPPA R
AGED ABOUT 30 YEARS
- 12 -
R/O OLD HOSPITAL ROAD
WARD NO.6
SHIDLAGHATTA
CHIKKABALLAPURA-562 105
27 . SRI K V CHALAPATHY
S/O SRI VENKATARAMANAPPA
AGED ABOUT 37 YEARS
R/O KODIGEHALLI
KUPPAM PALYA
KOLAR TALUK
KOLAR DISTRICT-563 136
28 . SRI M MANJUNATHA
S/O SRI MUNISWAMY D
AGEDA BOUT 38 YEARS
R/AT NO.4291
1ST CROSS
SRINIVAAGOWDA GARDEN
VIJAYANAGARA
BANGARPET
KOLAR DISTRICT-563 114
29 . SRI S GANGAPPA
S/O SRI KANNAPPA
AGED ABOUT 39 YEARS
R/O BETHAMANGALA VILLAGE
BANGARPET TALUK
KOLAR DISTRICT-563 116
30 . SRI VINOD KUMAR A
S/O SRI ANDRO
AGED ABOUT 29 YEARS
R/O V R S TEMPLE ROAD
4TH BLOCK
BETHAMANGALA
KOLAR DISTRICT-563 116
31 . SRI ASHOK KUMAR C K
S/O SRI KRISHNAPPA C S
AGED ABOUT 30 YEARS
R/O PATTRENAHALLI
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA-562 101
- 13 -
32 . SRI SRINIVASA S
S/O SRI V SOMASHEKAR
AGED ABOUT 27 YEARS
R/AT NO.30, PRASHANTHA NAGARA
CHIKKABALLAPURA-562 101
33 . SRI V MANJOJ KUMAR
S/O SRI VENKATESH A N
AGED ABOUT 21 YEARS
R/AT NO.1271
WARD NO.18
AEO OFFICE ROAD
CHIKKABALLAPURA-562 101
34 . SRI SYED SUHAIL S K
S/O SRI SYED KHALEEL
AGED ABOUT 24 YEARS
R/AT NO.360, WARD NO.27
CHIKKABALLAPURA-562 101
35 . SRI RAMESH C
S/O SRI CHINNAPPAYYA
AGED ABOUT 37 YEARS
R/O KALLUDI VILLAGE AND POST
GOWRIBIDANUR TALUK
CHIKKABALLAPURA DISTRICT-561 208
36 . SRI N SHIVAKUMAR
S/O SRI NARASAPPA
AGED ABOUT 35 YEARS
R/O BHANDRAHALLI
HALE UPPARAHALLI
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA-561 210
37 . SRI NAGARAJU S C
S/O LATE SRI CHIKKANARASIMHAIAH
AGED ABOUT 38 YEARS
R/O SHRAVANDANAHALLI VILLAGE AND POST
KODIGENAHALLI HOBLI
MADHUGIRI TALUK
TUMAKURU-572 127
- 14 -
38 . SRI UDAYKUMAR P N
S/O SRI P C NAGARAJ
AGED ABOUT 24 YEARS
R/O PULAGANAHALLI VILLAGE
ALIPURA POST, GAURIBIDANUR TALUK
CHIKKABALLAPURA -561 213
39 . SRI KIRAN RAJU M
S/O SRI MOHAN RAJ K
AGED ABOUT 24 YEARS
R/AT NO.125
CHAMRAJAPETE
CHIKKABALLAPURA TOWN
CHIKKABALLAPURA-562 101
40 . SRI RAVINDRA M G
S/O SRI M G GANGADHARA
AGED ABOUT 31 YEARS
R/AT NO.00
WARD NO.4
PRASHANTHA NAGARA
CHIKKABALLAPURA TOWN
CHIKKABALLAPURA-562 101
41 . SRI GAJENDRA
S/O SRI MUNIYAPPA
AGED ABOUT 27 YEARS
R/O DODDEGANAHALLI
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA-561 211
42 . SRI UMESH N
S/O SRI NARASIMHAMURTHY
AGED ABOUT 29 YEARS
R/AT 9750
WARD NO.6
CHIKKABALLAPURA TOWN
CHIKKABALLAPURA-562 101
43 . SRI MURULI M N
S/O SRI M C NARAYANASWAMY
AGED ABOUT 30 YEARS
R/O MARASANAHALLI VILLAGE
KASABA HOBLI
- 15 -
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA-562 101
44 . SRI SUNILKUMAR K
S/O SRI KESHAVAREDDY G B,
AGED ABOUT 24 YEARS,
R/O GUNDURAKKI,
KASABA HOBLI,
CHIKKABALLAPURA TALUK,
CHIKKABALLAPURA-562 101
45 . SRI ASHOKA D A
S/O SRI AVALAPPA,
AGED ABOUT 23 YEARS,
R/O DODDIHALLI,
MANDIKALLU,
CHIKKABALLAPURA-562 104
46 . SRI MUNIRAJ D R
S/O SRI KONDAPPA D N,
AGED ABOUT 26 YEARS,
R/O DODDIHALLI,
MANDIKALLU,
CHIKKABALLAPURA-562 104
47 . SRI KARTHIK C K
S/O SMT H G JAYAMMA,
AGED ABOUT 25 YEARS,
R/O AMBEDKAR NAGARA,
CHIKKABALLAPURA TOWN,
CHIKKABALLAPURA-562 101
48 . SRI M RAJESH
S/O SRI J MUNIKADRIPPA,
AGED ABOUT 32 YEARS,
R/AT NO.707 WARD NO.17,
KOTE CHIKKABALLAPURA TOWN,
CHIKKABALLAPURA DISTRICT
49 . SRI N HARISH BABU
S/O SRI KESHAVAREDDY G B
AGED ABOUT 24 YEARS,
R/O GUNDURAKKI
KASABA HOBLI,
- 16 -
CHIKKABALLAPURA TALUK,
CHIKKABALLAPURA-562 101
50 . SRI K MUNINDRA
S/O LATE SRI K KANTHARAJU,
AGED ABOUT 27 YEARS,
R/AT NO.289, WARD NO.29,
CHAMARAJPETE,
CHIKKABALLAPURA TOWN,
CHIKKABALLAPURA-562 101
51 . SRI. N. ASHWATHAPPA
S/O. SRI. N. NANJUNDAPPA,
AGED ABOUT 36 YEARS,
R/O. YALLAMPALLY,
BAGEPALLI TALUK,
CHIKKABALLAPLURA DISTRICT 561207
52 . SRI. KIRAN V
S/O. SRI. VENKATESHAPPA B N,
AGED ABOUT 22 YEARS,
R/O. DODDIHALLI VILLAGE,
MANDIKALLU,
CHIKKABALLAPURA 562 104
53 . SRI. ANANDA P V
S/O. SRI. VENKATARAVANAPPA,
AGED ABOUT 33 YEARS,
R/O. PAIURU,
MANDIKALLU,
CHIKKABALLAPURA DISTRICT 562104
54 . SRI. VENKATESH N
S/O. SRI. NARAYANAPURA
AGED ABOUT 34 YEARS,
R/O. YALLAMPALLY,
MANDIKALLU TALUK,
CHIKKABALLAPLURA DISTRICT - 562 104
55 . SRI. VINOD KUMAR H N
S/O. SRI. MUNISHAMI,
AGED ABOUT 21 YEARS,
R/AT 31,
HOSAHALLI,
- 17 -
CHIKKABALLAPURA TALUK,
CHIKKABALLAPURA 562101
56 . SRI. D N SHIVAKUMAR
S/O. SRI. NARASIMHAPPA,
AGED ABOUT 25 YEARS,
R/O. DODDIAHALLI,
MANDIKALLU,
CHIKKABALLAPURA DISTRICT 562104
57 . SRI. PUNITHKUMAR G O
S/O. SRI. OBALESHAPPA,
AGED ABOUT 27 YEARS,
R/AT NO. 141, SULTANPETE ROAD,
NANDI, CHIKKABALLAPURA,
CHIKKABALLAPURA DISTRICT 562103
58 . SRI. ANIL KUMAR H D
S/O SRI. V.DASEGOWDA,
AGED ABOUT 24 YEARS,
R/AT NO.18, HOSAHALLI, BIJJAWARA,
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT-562110
59 . SRI. SUNIL KUMAR D M
S/O SRI. MUNIYAPPA,
AGED ABOUT 23 YEARS,
R/AT DODDIHALLI, MANDIKALLU,
CHIKKABALLAPURA DISTRICT-562104
60 . SRI. ALBERT VINAY KUMAR
S/O SRI. VIJAY KUMAR R
AGED ABOUT 24 YEARS,
R/AT NO.153, WARD NO.29
CHAMARAJAPETE,
CHIKKABALLAPURA TOWN,
CHIKKABALLAPURA-562101
61 . SRI. AJAAM A
S/O SRI. ALI,
AGED ABOUT 28 YEARS,
R/AT NO.1871, GUDIBANDE,
CHIKKABALLAPURA-561209
- 18 -
62 . SRI.K.H.GOPINATH RAO
S/O SRI. K. C. HANUMESH RAO
AGED ABOUT 22 YEARS,
R/O PEERASANDRA,
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA DISTRICT-562104
63 . SRI. CHALAPATHI K N
S/O SRI. K.M.NARAYANAPPA,
AGED ABOUT 28 YEARS,
R/O M. KOTHUR,
N.G.HULKURU,
KOLAR TALUK
KOLAR-563116
64 . SRI.M.SRINIVAS
S/O SRI. MUNIYAPPA,
AGED ABOUT 33 YEARS,
R/AT NO.26,
MARADAGHATTA VILLAGE,
BANGARAPETE TALUK
KOLAR -563121
65 . SRI. PURUSHOTTAM N.T
S/O SRI THAMMAYYAPPA
AGED ABOUT 24 YEARS,
R/AT NO.68,
NEAR MAHESHWARI TEMPLE,
RAHED NAGAR,
NELAMANGALA,
BENGLAURU RURAL DISTRICT.
66 . SRI. BABAJAN
S/O SRI. BASHASAB,
AGED ABOUT 49 YEARS
NEAR MAHESHWARI TEMPLE
RAHED NAGAR,
NELAMANGALA,
BENGALURU RURAL DISTRICT.
67 . SRI. UMESH M
S/O LATE MANCHAREDDY
AGED ABOUT 40 YEARS
R/O GURAPPANMATT,
- 19 -
VIJAYAPURA,
DEVANAHALLI TALUK,
BENGLAURU RURAL DISTRICT 562135.
68 . SRI. RAJANNA
S/O SRI. CHIKKA THAYAPPA
AGED ABOUT 41 YEARS,
R/O BIDALURU,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562110.
69 . SRI. MADHANKUMAR K.N
S/O SRI. NARAYANASWAMY,
AGED ABOUT 27 YEARS,
R/O KORAMANGALA AVATHI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562 110.
70 . SRI. BHARATH N
S/O SRI. NAGARAJ,
AGED ABOUT 26 YEARS
R/O KANNURAHALLI,
DODDAGATTINABELE,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562114.
71 . SRI. ILIYAZ KHAN
S/O SRI. IBRAHIM KHAN
AGED ABOUT 21 YEARS,
R/O HARJENDAHALLI,
KURAGAL POST,
KOLAR DISTRICT 563101.
72 . SRI PRADEEPA
S/O SRI MADAIAH
AGED ABOUT 27 YEARS
R/O KONADASAPURA
BIDARAHALLI HOBLI
BENGALURU NORTH TALUK
BENGALURU DISTRICT-560049
73 . SRI MANJUANTHA H A
S/O SIR APPAJI
AGED ABOUT 24 YEARS
- 20 -
R/O HEDIGANABALA
MADIVALA POST
MALUR TALUK
KOLAR DISTRICT-563130
74 . SRI SURESHKUMAR H K
S/O SRI H V KRISHNAMURTHY
AGED ABOUT 30 YEARS
R/ NO.6/48, 2ND CROSS
VINAYAKANAGAR
HOSAKTOE
BENGALURU RURAL DISTRICT-562114
75 . SRI RAMANJI
S/O SRI DYAVAPPA
AGED ABOUT 24 YEARS
R/O TADURU, NAGAMANGALA
SHIDLAGHATTA TALUK
CHIKKABALLAPURA DISTRICT-562102
76 . SRI KRISHNA M
S/O SRI MUNISWAMAPPA
AGED ABOUT 26 YEARS
R/A NO.215/2, 3RD CROSS
RAMACHANDRAPURA LAYOUT
KARIYANAPALYA
BENGALURU NORTH TALUK
BENGALURU DISTRICT-560084
77 . SRI MANI L
S/O SRI LOKESH N
AGED ABOUT 27 YEARS
R/A NO.135, 3RD CROSS
STREET RAJKUMAR OAD
KAMMANAHALLI
BENGALURU NORTH TALUK
BENGALURU DISTRICT-560084
78 . SRI SADIQ PASHA
S/O SRI SHAIKMAHABOOB
AGED ABOUT 28 YEARS
R/O HINIGALA, HOSAKOTE TALUK
BENGALURU RURAL DISTTRICT-562122
- 21 -
79 . SRI MUBARAK
S/O SRI SYED MALANGSHA,
AGED ABOUT 32 YEARS,
R/O CHIKKAGATTIGANAHABBE,
HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT 562124
80 . SRI NAGARAJA N
S/O SRI NANJUNDAPPA
AGED ABOUT 39 YEARS,
R/O VELEGERAPURA,
SULIBELE HOBLI,
HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT 562129
81 . SRI M G CHANDRASHEKAR
S/O SRI M G GANGADAR,
AGED ABOUT 33 YEARS,
R/AT NO.164, WARD NO.27,
CHAMARAJPET
CHIKKABALLAPURA 562101
82 . SRI R G MANJUNATHA
S/O SRI GANGAPPA
AGED ABOUT 40 YEARS,
R/O RAMAPATNA VILLAGE AND POST,
CHIKKABALLAPURA DISTRICT 562209
83 . SRI VINYAKA N
S/O SRI NRAYANASWAMY P
AGED ABOUT 23 YEARS,
R/AT NO.36, ATTIGERE
MAGONDI,
BANGARPET TALUK,
KOLAR DISTRICT 563114
84 . SRI RANGANATHA B R
S/O SRI RANGASWAMAIAH
AGED ABOUT 31 YEARS,
R/O BAICHAPURA
MAGADI TALUK,
RAMANAGARA DISTRICT 562120
85 . SRI ANWAR PASHA
- 22 -
S/O SRI ABDUL LATHIF
AGED ABOUT 34 YEARS,
R/O MUITTUGADAHALLI,
MAGADI TALUK,
RAMANAGARA DISTRICT 562131
86 . SRI LAKSHMIKANTHA N C
S/O SRI CHANDRAPPA
AGED ABOUT 23 YEARS,
R/AT NO.00, NARASANDRA,
MAGADI TALUK,
RAMANAGARA DISTRICT 562127
87 . SRI RAMACHANDRA
S/O SRI HUCHAPPA
AGED ABOUT 26 YEARS,
R/O VENKATAYYANAPALYA ,
BYRAPURA,
MAGADI TALUK,
RAMANAGARA DISTRICT 562127
88 . SRI MURALIDHARA
S/O SRI MANJUNATHA
AGED ABOUT 27 YEARS,
R/O CHANNABYRAPPANAPALYA
MAYASANDRA,
RAMANAGARA DISTRICT 562101
89 . SRI MUNIRAJU C
S/O SRI CHIKKANNA
AGED ABOUT 30 YEARS,
R/O SRINIVASANAGARA
MAGADI TALUK,
RAMANAGARA DISTRICT 562127
90 . SRI VENKATESHA S
S/O SRI SRINIVASA
AGED ABOUT 31 YEARS,
R/O WARD NO.1, VENKAIAHNAPALYA,
MAGADI TALUK,
RAAMANAGARA DISTRICT 562120
- 23 -
91 . SRI VENKATESHAMURTHY H S
S/O SRI SHESHAGIRIGOWDA
AGED ABOUT 37 YEARS,
R/O HALUVAGILU T M PALYA
HUTIRDURGA
TUMAKUR DISTRICT 572126
92 . SRI HANUMANTHARAJU L T
S/O SRI THIMMAIAH
AGED ABOUT 30 YEARS,
R/O LAKKENAHALLI
NAVALLI POST,
HEBBURU
TUMAKURU 572120
93 . SRI AKBAR
S/O SRI NAWAZ KHAN
AGED ABOUT 29 YEARS,
R/O MUTTUGADAHALLI,
NEAR WATER TANK,
RAMANAGARA DISTRICT 562131
94 . SRI DEVARAJU B T
S/O LATE SRI THIMMAIAH
AGED ABOUT 29 YEARS,
R/O NISHYABDANAGARA, 3RD BLCOK
NEAR ADITYA TALKIES
KUDURU,
RAMANAGARA 561101
95 . SRI JAGADEESHA S
S/O SRI SIDDARAJU
AGED ABOUT 25 YEARS,
R/O DHARMAIAHNAPALYA
BEECHANAHALLI ROAD
KUDURU
RAMANAGARA 561101
96 . SRI SHEKARAIAH R D
S/O SRI DALAHANUMAIAH
AGED ABOUT 33 YEARS,
R/O TORERAMANAHALLI
MAGADI TALUK
RAMANAGARA 561101
- 24 -
97 . SRI RAMAIAH H
S/O SRI HANUMANTHARAYAPPA
AGED ABOUT 32 YEARS,
R/O LAKKENAHALLI
SUBBANNAPALYA ROAD
RAMANAGARA 561101
98 . SRI NAGESHA H B
S/O SRI BETTAIAH
AGED ABOUT 20 YEARS,
R/O HULUVENAHALLI ,
MATTIKERE POST, MAGADI TALUK,
RAMANAGARA DISTRICT 562120
...PETITIONERS
(BY SRI. V R BALARAJ, ADVOCATE)
AND
1. STATE OF KARNATAKA
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETRAY TO GOVERNMENT
ENERGY DEPARTMENT,
NO.236, 2ND FLOOR, VIKASA SOUDHA
BENGALURU 560 001.
2. KARNATAKA POWER TRANSMISSION
CORPORATION LTD., (KPTCL)
REPRESENTED BY ITS MANAGING DIRECTOR
HAVING ITS CORPORATE OFFICE AT
CAUVERY BHAVAN, K G ROAD
BENGALURU 560 009.
3. BENGALURU ELECTRICITY SUPPLY COMPANY
(BESCOM) REPRESENTED 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. P.PRASANNA KUMAR, AGA FOR R-2; R-3 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
- 25 -
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).
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
- 26 -
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 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.
- 27 -
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 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
- 28 -
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 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
- 29 -
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 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,
- 30 -
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 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
- 31 -
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.
In view of disposal of the writ petitions, pending I.As., if any, stand disposed of.
Sd/-
JUDGE PMR