Karnataka High Court
Pushpanjali M C vs Karnataka Power Transmission ... on 4 October, 2023
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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WP No. 7311 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 7311 OF 2021 (S-RES)
BETWEEN:
1. PUSHPANJALI M C
W/O M C NAGARAJ,
AGED 51 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN 16112, CESC GAWADE SECTION,
MANDYA 571101.
2. ANIL KUMAR M SAVALSANG
S/O M R SAVALSANG,
AGED 44 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16066, VIJAYAPURA 220KV SUBSTATION
KPTCL, VIJAYAPURA 586101.
3. SANDEEP M GAWADE
Digitally S/O MARUTI GAWADE,
signed by
PANKAJA S AGED 37 YEARS, WORKING AS ASSISTANT
Location: ENGINEER (ELE)
HIGH
COURT OF PIN#16059, MAJOR WORKS SUBDIVISION-1,
KARNATAKA
KPTCL, BELAGAVI 590010.
4. RAJU MADIWAL
S/O HUVAPPA MADIVAL
AGED 42 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16078, 220KV RECEIVING STATION,
ESALE O/O EXECUTIVE ENGINEER (TL AND SS)
DIVISION KPTCL, SIRSI,
UTTARA KANNADA 581356.
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5. M F KORI
S/O FAKIRAPPA, AGED 46 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16073, 220KV SRS VIDYUTHNAGAR,
KARWAR ROAD, KPTCL, HUBBALLI 580024.
6. KHAJA BANDE NAWAZ BAGAWAN
S/O KASHIMSAB,
AGED 39 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16106, 110KV SUBSTATION, KONNUR,
KPTCL, KONNUR BELGAUM 582206.
7. SOWMYA T R
D/O RAJU T, AGED 36 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16092, PROJECT SECTION CORPORATE
OFFICE BESCOM, BENGALURU 560001.
8. SANDHYA
S/O SRIPADA RAO, AGED 38 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16092, PROJECT SECTION,
CORPORATE OFFICE BESCOM,
BENGALURU 560001.
9. RAJKUMAR E BIJARAGI
S/O ECHARAPPA L B, AGED 42 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
16089,ENEGY MANAGEMENT SECTION
CORPORATE OFFICE HESCOM
HUBBALI 580024.
10. SUDHINDRA K
S/O KEMPAIAH. C,
AGED 39 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16061, O/O EXECUTIVE ENGINEER (ELE)
O AND M DIVISION,
N R MOHALLA CESC,
MYSURU 570001.
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11. YOGESHA U
S/O LATE SHIVARAMA RAO U,
AGED 37 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16068, MAJOR WORKS, SUB DIVISION-2
KPTCL, KAVOOR,
MANGALORE 575015.
12. INDUMATHI K S
D/O SHIVANANJAIAH K M,
AGED 38 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16072, PROJECT SECTION,
CORPORATE OFFICE BESCOM,
BENGALURU 560001.
13. ARUNA B K
D/O B V KRISHNAPPA, AGED 38 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16113, DAS RAJAJINAGAR, BESCOM,
BENGALURU 560010.
14. ROOPASHEREE M S
D/O SHIVAKUMAR,
D/O RAJU T, AGED 39 YEARS,
WORKING AS ASSISTANT ENGINEER (T)
PIN#16060, INDIRANAGAR DIVISION,
BESCOM,
BENGALURU 560038.
15. CHAHYA DEVI P
D/O PUTTRAJU,
AGED 36 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16098, 400 K V RECEIVING STATION,
TL AND SS DIVISION, SONDEKOPPA ROAD,
NELAMANGALA KPTCL,
BENGALURU 562123.
16. ANITHA M
D/O MUNIYAPPA B,
AGED 37 YEARS, WORKING AS ASSISTANT
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ENGINEER (ELE) 16131, 400 K V RECEIVING
STATION , YALAHANKA KPTCL
BENGALURU 560064.
17. HARINATH M N
S/O NAGARAJAPPA,
AGED 37 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16122, WORKS UNIT, CITY SUB DIVISION,
CHINTHAMANI, KOLAR 563125.
18. MOHAN M
S/O MURUGESHAN B V,
AGED 37 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16075, O AND M SUB DIVISION,
BESCOM, ANEKAL,
BENGALURU 562106.
19. R LAKSHMIDEVAMMA
D/O S RAJACHARY,
AGED 42 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16132, WORKING UNIT BESCOM,
JAGALUR SUBDIVISION,
DAVANGERE 577528.
20. K V MURALI
S/O VEERABHADRAIAH C,
AGED 35 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16085, NIVEDITA SECTION,
KUVEMPUNAGAR SUB DIVISION, CESC
MYSORE 570023.
21. D LAKSHMINARAYANA REDDY
PIN 16074, AGED 35 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
CO AND M BELLANDUR S11 SD,
DOOR NO 14, BELLANDUR 3RD CROSS,
JAGATHI BUILDING, BESCOM,
BENGALURU 560103.
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22. SANTHOSH KUMAR M E
S/O ESHWARAPPA,
AGED 36 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16094, LT RATING SUB DIVISION,
MESCOM, SHIVAMOGGA 577201.
23. V RUDRESH
S/O VEERABHADRAIAH,
AGED 38 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16116, PADMANABHANAGAR O AND M
S9 SUB DIVISION, BESCOM, BANASHANKARI
2ND STAGE, BENGALURU 560070.
24. VIVEK G
S/O M V GOVINDRAJU
AGED 44 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16099, PANDURANGANAGAR O AND M
S12 SUB DIVISION, BESCOM
BANGALORE - 560 076.
25. MANJUNATH B H
S/O HUCHAPPA
AGED ABOUT 39 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16105
LT RATING HUNSUR SUB-DIVISION,
CESC MYSORE - 571 1055.
26. NAMPRASAD T R
S/O RAMAKRISHNA T J
AGED 46 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16130, S6 SUB DIVISION, JP NAGAR,
BESCOM, BANGALORE - 560 078.
27. HEMACHANDRA J
S/O LATE V JAYARAM
AGED 38 YEARS,
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WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16093, O/O AEE O AND M SECTION,
BANNUR SUB-DIVISION,
NANJANGUD DIVISION,
CESC, BANNUR MYSORE - 571 101.
28. RAMAKRISHNA RATHOD
S/O H L RATHOD, AGED 42 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16109, MAJOR WORK SUB-DIVISION
O/O EXECUTIVE ENGINEER (ELE)
KPTCL, BELAGAVI - 590 010.
29. SHIVANNA G
S/O GOVINDAPPA B
AGED 38 YEARS,
WORKING AS ASSISTANT ENGINEER (T)
PIN#16082, O/O ASSISTANT EXECUTIVE ENGINEER
C O AND M SUB DIVISION, BESCOM
HAROHALLY KANAKAPURA,
RAMANAGARA - 562 112.
30. CHANNAKESHAVA R
S/O RAMU R, AGED 44 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16100, HT RATING CESC
MANDYA - 571 101.
31. CHALAPATHY REDDY M
S/O MUNISHAMAPPA
AGED 48 YEARS
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16102, SAKALESHPURA SECTION
SAKALESHPURA SUB DIVISION, CESC
HASSAN - 573127.
32. LATHA A
W/O G SATHYA KEERTHI
AGED 42 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16119,
CESC, LT RATING SUB DIVISION
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MANDYA - 571 101.
33. NAGAMANI I K
D/O SRINIVAS
AGED 40 YEARS,
WORKING AS ASSISTANT ENGINEERING (ELE)
PIN #16077, 220 KV RS SUBRAMANYA NAGAR
KPTCL, BENGALURU - 560 010.
34. DAYANAND S
S/O RAJKUMAR
AGED 46 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16097, HIRIYUR 66/11 KV
SUB-STATION, KPTCL
CHITRADURGA - 572 143.
35. DINESH T H
S/O LATE HONNAPPA
AGED 45 YEARS
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16133, BANAVARA SECTION
CESC ARIKERE, CHIKBALLAPUR - 573 134.
36. NAGARAJ S ATTALATTI
S/O NARAYANA, AGED 45 YEARS
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16108, KORANDRA SUB DIVISION
HESCOM, BIJAPURA - 586 101
37. RAJESH P
S/O PURUSHOTHAM
AGE 37 YEARS,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16056, BETTADAPURA SUB-DIVISION
CESC, KR NAGARA DIVISION
KR NAGAR, MYSORE - 571 602.
38. KESHAVAMURTHY H J
S/O LATE THIMIAHA H M
AGED 40 YEARS
WORKING AS ASSISTANT ENGINEER (ELE)
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PIN #16084, YELAWALA SECTION,
HOTAGALLI SUB DIVISION
VV MOHALLA DIVISION, CESC
MYSORE - 570 002.
39. VIJAYA RAJ URS
S/O VISHWANATH RAJ
AGED 38 YEARS
WORKING AS ASSISTANT ENGINEER (T)
PIN#16057
HOLLENARSIPURA DIVISION AET
CESC, HOLLENARSIPURA
HASSAN - 573 211.
40. MAHADEV K K
S/O KRISHNAIAH
AGED 49 YEARS
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16110, RAMANATHPURA SUB DIVISION
HOLLENARSIPURA DIVISION
CESC, HASSAN - 573 211.
41. RAVI KUMAR H R
S/O RAMACHANDAIAH
AGE 40 YEARS
WORKING AS ASSISTANT ENGINEER (ELE)
PIN#16125, O/O THE EXECUTIVE ENGINEER
TUMKUR DIVISION, BESCOM
TUMKUR - 572 102.
42. REKHA S N
D/O S NARAYANA
AGE 38 YEARS
WORKING AS ASSISTANT ENGINEER (ELE)
L T RATING SUB-DIVISION, CDSC CESC
MANDYA - 571 401.
43. SAVITHA
D/O CHIKKANNA
AGED 38 YEARS
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16088
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KUVEMPUNAGAR SUB DIVISION
VV MOHALLA DIVISION
CESC, MYSORE - 570 001.
44. BHAGYALAKSHMI
W/O RAMESH S
AGE 45 YEARS
WORKING AS ASSISTANT ENGINEER (ELE)
PIN #16138, O AND M - 1 UNIT
CESC MADDUR,
MANDYA - 571 428
...PETITIONERS
(BY SRI. THARANATH POOJARY, SENIOR COUNSEL APPEARING
FOR SRI.SIDDHARTHA.H.M. ADVOCATE FOR P-2 TO P-16,
P-18, P-22 TO P-31 AND FOR SRI.B.R.VYASA KIRAN,
ADVOCATE FOR P-17, P-19, P-20, P-21, P-32 TO P-44;
VIDE ORDER DATED 15.06.2023, PETITION IS DISMISSED
IN RESPECT OF P-1)
AND:
1. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED (KPTCL)
KAVERI BHAVAN, K G ROAD
BANGALORE - 560 009
REPRESENTED BY
ITS MANAGING DIRECTOR
2. THE DIRECTOR (ADMIN AND HR)
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
KAVERI BHAVAN, K G ROAD,
BANGALORE - 560 009.
3. MR.ASHUTOSH KUMAR,
AGE MAJOR,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN No.15084
220/66/11KV RECEIVING STATION,
KPTCL, BANNUR ROAD,
VAJAMANGALA POST,
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MYSORE-570 028.
4. MS.ARCHANA SHYAMSUNDAR.K.
AGE MAJOR,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN No.15087
DAS INTEGRATED CONTROL CENTER-2
RAJAJINAGAR,
BANGALORE-560 010.
5. VIJAYENDRA V.K.,
AGE MAJOR,
WORKING AS ASSISTANT ENGINEER(ELE)
PIN No.15087
AGM (PROJECTS) SECTION 2ND FLOOR,
KAVERI BHAVAN, KG ROAD,
BANGALORE-560 001.
6. R. RAKESH.B.
AGE MAJOR,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN Nio.15538
HAL MRS 220/66KV
RECEIVING STATION KPTCL,
SURANJAN DAS ROAD,
HAL 3RD STAGE,
PUTTAPPA LAYOUT,
NEW TIPPASANDRA, BENGALURU-560 075.
7. MR.RAGHU NAIK.J.H.
AGE MAJOR,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN No.15539
O & m-2 HIRIYUR SUB DIVISION
100 FEET ROAD, NEAR BESCOM STORE,
HIRIYUR TALUK,
CHITRADURGA DISTRICT-577599.
8. MR.SRINIVAS.V, AGE MAJOR,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN No.14021
WORKS UNIT KENGERI DIVISION,
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BESCOM, 1ST FLOOR,
BMTC BUS TERMINAL COMPLEX
KENGERI,
BANGALORE-560 060.
9. MR.MALTHESH.R.K,
AGE MAJOR,
WORKING AS ASSISTANT ENGINEER (ELE)
PIN No.14096
O/O EXECUTIVE ENGINEER. EL
400/220KV RECEIVING STATION KPTCL,
GUTTUR (TQ HARIHARA)
DAVANGERE-577 601.
10. MS.GAYATHRI PATIL
AGE MAJOR
WORKING AS ASSISTANT ENGINEER(LE)
PIN No.14097
TECHNICAL SECTION,
RAMANAGARA CIRCLE,
BESCOM, 1ST FLOOR,
BMTC BUS TERMINAL COMPLEX,
KENGERI
BENGALURU-560 060.
...RESPONDENTS
(BY SRI. S.SRIRANGA SENIOR COUNSEL APPEARING FOR
SMT.D.J.RAKSHITHA, ADVOCATE FOR R-1 & R-2;
R-3 TO R-10 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
DECISION ON SUBJECT NO.122/A02 IN THE 122ND MEETING OF
THE BOARD OF DIRECTORS OF THE R-1 ON 30.11.2020 VIDE
ANNEXURE-N, ETC.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER
1. The decision of the Board of KPTCL to the effect that there was no need to revisit or modify or remodify its earlier decision which related to the regularization of services of the Assistant Engineers and Junior Engineers is questioned in this writ petition.
2. In the year 2003, the Karnataka Power Transmission Corporation Limited ("the KPTCL", for short) proceeded to appoint Assistant Engineers and Junior Engineers on contract basis. A similar process was also adopted in the years 2005 and 2006. These contractual appointees of the years 2003, 2005 and 2006 were thereafter regularized.
3. The petitioners herein were appointed as the Assistant Engineers (Electrical) and Junior Engineers (Electrical) on contract basis pursuant to a notification dated 07.02.2007. The initial period of appointment was for one year but it was extendable by a period of three years.
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4. On 29.12.2010, the Board accepted the request of the petitioners to be regularized and passed a Resolution recommending their absorption and sought the approval of the Government.
5. Since the process of regularization was incomplete, the petitioners had sought regularization of their services with effect from 20.05.2010 and as this was also not granted, the petitioners approached this Court in W.P. Nos.21555-605 of 2012. This Court, by an order dated 04.10.2012, took the view that if the petitioners' appointment was against clear vacancies in the sanctioned post and if the petitioners were duly qualified and the appointments were made in accordance with the Constitutional norms and if the State Government has already considered the case of other candidates, it was open to the State Government to consider the case of the petitioners therein also for regularisation. This Court took note of the fact that the KPTCL had already passed a Resolution and it would, therefore, be appropriate to issue
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NC: 2023:KHC:35924 WP No. 7311 of 2021 a direction to the State to take a decision in the manner in accordance with law at the earliest.
6. However, despite this order, it appears that letters were issued to the Chief Engineers on 19.11.2012 to terminate the services of the Assistant Engineers and Junior Engineers who had been appointed on contract basis.
7. This led to the filing of W.P. Nos.47587-591 of 2012 and connected cases by the petitioners. This Court, by an order dated 16.03.2015, allowed the writ petitions holding that the petitioners were entitled for the regularization of their services and a direction was issued to the KPTCL to regularize the services of the petitioners with effect from 29.12.2010 i.e., the date of passing of the Resolution in that regard, on the same terms on which the services of the contractual Assistant Engineers and Junior Engineers of 2003, 2005 and 2006 batches were regularized. The relevant portion of the order reads as follows:
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" 36. The impugned
communication, dated 15.11.2012
turning down the KPTCL's request for the regularization of services is not sustainable for one simple reason. It does not refer to, much less consider the regularization of the earlier three batches of contract employees. It is therefore difficult to hold that the Government has taken an informed or well-considered decision. Although the impugned communication issued by the Government is not supportable and sustainable, I do not find the need to quash it in view of the submission made on behalf of the Government that it is open to KPTCL to take its own decision in the matter of regularization of its employees.
37. In the result, I allow these petitions by holding that the petitioners are entitled to the regularization f their services. The KPTCL is directed to regularize the services of the petitioners with effect from 29.12.2010, the date of passing the resolution in that regard and on the same terms on which the services of the contract Assistant Engineers and
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NC: 2023:KHC:35924 WP No. 7311 of 2021 Junior Engineers of 2003, 2005 and 2006 batches were regularized. The KPTCL shall comply with these directions within three months from the date of the issuance of the certified copy of today's order. No order as to costs."
8. Thus, this Court passed a categorical order that the Junior Engineers and Assistant Engineers who had been appointed on contract basis in the year 2007 would have to be regularized and this Court also specified the date from which their services were to be regularized i.e., from 29.12.2010.
9. The KPTCL accepted this order of the court and proceeded to pass a Resolution on 26.02.2016. The KPTCL decided to implement the order of this Court and passed a Resolution in the following terms:
"Following Resolutions were passed in this context:
RESOLVED THAT for the reasons explained, directions of the Hon'ble High Court of Karnataka at Bengaluru
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vide its Order dated 16 th
December
2015 in Writ Petition Nos.47587-
47591 of 2012 (S-REG) C/W Writ
Petition Nos.47435-47448/2012,
47461-47498/2012 and 8713-
8742/2013 be and are hereby
complied with in its totality.
FURTHER RESOLVED THAT MD,
KPTCL, be and is hereby authorized
To take all steps as are necessary to comply with the directions of the Hon'ble High Court.
FURTHER RESOLVED THAT for the reasons brought out ante, approval be and is hereby accorded to regularize the services of Assistant Engineers and Junior Engineers appointed on Contract Basis vide Employment Notification No.KPTCL / B16 / 4681/06-07 dated: 07-02-2007 but who are not Petitioners in the said WPs before Hon'ble High Court at Bengaluru and who are continuously working from the date of their contract appointment as on the date of the Court Order on the same lines as per directions of the
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Hon'ble High Court in the Writ
Petition Nos.47587-47591 of 2012
(S-REG) C/W Writ Petitions
Nos.47435-47448/2012, 47461-
47498/2012 and 8713-8742/2013."
10. It is, therefore, clear that the order passed by this Court directing regularisation of the 2007 batch Assistant Engineers and Junior Engineers was accepted by the Board. In other words, a judicial order passed by this Court directing the regularization with effect from 29.12.2010, was accepted in its entirety.
11. Pursuant to the said order and the Resolution, it is admitted by both sides that the services of the petitioners were regularized.
12. Formal orders were passed regularizing the services of the Assistant Engineers and Junior Engineers who were on contract basis pursuant to the Notification dated 07.02.2007 and who had been continuously working from the date of their contractual appointment as on 16.12.2013, with effect from 29.12.2010.
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13. It is not in dispute that the petitioners were amongst those persons whose services had been regularized under the said order.
14. It may be pertinent to state here that in respect of these employees, the consequential monetary benefits were also granted in their favour by orders dated 06.07.2016 and 27.05.2017.
15. A provisional seniority list was also published on 22.07.2009 and in this provisional seniority list, the petitioners were placed below those candidates who had been regularly appointed under a Recruitment Notification dated 26.10.2009. Under this Notification dated 26.10.2009, a total of 578 Assistant Engineers and a total of 633 Junior Engineers were recruited and orders of appointment were issued in their favour on 29.06.2010.
16. It may be pertinent to state here that since the services of the petitioners, who were initially appointed on contract basis, was made with effect from 29.12.2010,
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NC: 2023:KHC:35924 WP No. 7311 of 2021 they were considered as juniors to those Engineers who had been recruited regularly under the Notification dated 26.10.2009 and all of them were placed above the petitioners since their date of entry into services was 29.06.2010 i.e., the date of their appointment orders.
17. The petitioners did not challenge this seniority list. However, they chose to give a representation on 13.04.2020 requesting the KPTCL to consider the date on which they were absorbed, as September 2008. In other words, after accepting the decision of this Court, by which their services were ordered to be regularized with effect from 29.12.2010, the petitioners sought for a change in the date on which they were required to be absorbed. In other words, notwithstanding the judicial order fixing the date of regularization, a request was made to treat date of regularization as September 2008.
18. This fundamentally amounted to petitioners seeking modification of the order passed by this Court in W.P.
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19. It may also be pertinent to state here that the KPTCL did not pass any order, by itself, to absorb the petitioners and the KPTCL simply accepted the order passed by this Court and decided to implement the same.
20. It was, therefore, clear that the date of absorption fixed by the Court as 26.12.2010, was not only accepted by the petitioners but also by the KPTCL and obviously, this date could not be altered at all.
21. It may also be pertinent to state here that this order of the Court was passed on 26.12.2013 and the consequent Resolution passed on 26.02.2016 were also not challenged by the petitioners at all. It is only in the year 2020 that they woke up and made a representation seeking to refix the date from which they were regularized.
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22. The Board, in light of the judgment rendered by this Court, has rightly refused to revisit or modify the date from which the petitioners were entitled to be regularised.
23. The learned counsel for the petitioners, however, sought to contend that the date of regularization as ordered by this Court and as assigned by the Board could not be the criteria since it was the date on which the vacancies became available would have to be taken as the starting point for the date of entry into service. It was contended that the mode of appointment would have no relevance for the purpose of determining the seniority and it is the date of entry into service, irrespective of the manner in which they had entered into service, would be the relevant factor.
24. The learned counsel for the petitioners sought to rely upon the following judgments of the Hon'ble Apex Court in support of their contentions:
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(a) Balwant Singh Vs. State of Haryana, (2008) 7 SCC 728, dealt with the issue of retrospective promotions;
(b) Surendra Vs. State of Bihar, (1998) 5 SCC 246, decided on the issues of seniority in terms of the date of recruitment and of delayed appointments;
(c) Somesh Vs. Vice Chancellor, (2021) 10 SCC 116, dealt with the issue of teachers who were hired on temporary basis and their entitlement to permanent posts;
(d) Secretary Vs. Umadevi, (2006) 4 SCC 1, the Apex Court has observed that temporary employees do not have a vested right to seek regularisation, while regularising the petitioners therein as one-time measure and issued guidelines for regularisation;
(e) Direct Recruit Vs. State of Maharashtra, (1990) 2 SCC 715, dealt with a dispute relating to inter se seniority between direct recruits and promotees;
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NC: 2023:KHC:35924 WP No. 7311 of 2021 These judgments would be of no avail since the facts and issues arising therein are wholly different and do not consider an executive order issued to modify the applicability of the relevant statutory Regulations.
25. In my view, the entire arguments advanced by the petitioners are wholly misconceived. It should not be forgotten that the petitioners' services in the KPTCL was regularized by virtue of an order passed by this Court. This Court not only directed regularization but also fixed the date from which the petitioners were regularized. Once the petitioners accepted this order and took the benefit of this order, they cannot be permitted to contend that the dates of regularization fixed by this Court would have to be modified.
26. The entire arguments advanced clearly disclose that an attempt is being made to get over the order passed by this Court by approaching their employer--KPTCL for modifying the Resolution.
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27. It is also to be noticed here that the KPTCL did not pass any independent Resolution to regularize the petitioners. The KPTCL basically accepted the order passed by this Court and decided to implement the said order. Thus, if the KPTCL were to make an attempt to modify the order passed by this Court by way of a Resolution, it is obvious that the same would not only be impermissible but would also be contumacious. The KPTCL was, therefore, justified in refusing to consider the request of the petitioners for modification of the date from which they were to be regularized.
28. The arguments that the date on which the vacancies arose could be the only relevant factor, is an argument that is to be stated only to be rejected. It is well settled law that only if a person's entry into service is in accordance with the Recruitment Rules can he be considered as a regularly appointed employee and thereby be entitled to seek seniority from the date of his entry into service.
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29. A person who makes entry into service by virtue of an order of regularization passed on the basis of a judicial order cannot equate himself to that of a regularly appointed employee. The argument that a process of open selection was adopted and thereby the constitutional norms for recruitment had been followed, cannot also be accepted, since the petitioners were clearly aware that their recruitment was only for a limited tenure of one year, which was extendable upto three years. If a person's entry into service is limited to a particular tenure at the time of its inception itself, it would be clear that he is not a person who is borne on the cadre and therefore, he cannot claim any rights in respect of that particular cadre.
30. In this case, since the order of regularization was made effective from 29.12.2010, the petitioners can only seek seniority from that particular date.
31. There is yet another factor which disentitles the petitioners to any relief and that is the acquiescence of the petitioners of the order of this Court. The fact that they
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NC: 2023:KHC:35924 WP No. 7311 of 2021 have approached this Court nearly ten years after this Court allowed this writ petition and after five years after the Board decided to accept the decision of the Court proves their complete acceptance of the order of regularisation. In my view, the fact that the petitioners had accepted that decision of this Court passed in the year 2012 and the consequential Resolution passed in the year 2016 disentitles the petitioners to challenge/modify the said orders by filing a fresh writ petition in the year 2021.
32. I am, therefore, of the view that there is no merit in this writ petition and the same is accordingly dismissed.
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JUDGE RK CT: SN List No.: 2 Sl No.: 12