Karnataka High Court
Smt Ramya vs Karnataka Power Transmission on 18 November, 2020
Author: M.Nagaprasanna
Bench: M. Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
Writ Petition No.159 OF 2019 (S-RES)
BETWEEN :
SMT RAMYA
D/O. SRI. ASHWATHAIAH M.
AGED ABOUT 29 YEARS,
WORKING AS JUNIOR ENGINEER (ELE)
OFFICE OF THE EXECUTIVE ENGINEER
O & M DIVISION OFFICE, BESCOM,
NELAMANGALA, BANGALORE-23
AND RESIDING AT NO.466,
2ND STAGE, 8TH CROSS, 4TH MAIN,
KHB COLONY BASAVESHWARA NAGAR,
BANGALORE 79.
...PETITIONER
(BY SRI SUBRAMANYA BHAT M., ADVOCATE - VC)
AND
1. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
CORPORATE OFFICE, KAVERY BHAVAN,
BANGLAORE 09,
BY THE MANAGING DIRECTOR.
2. THE CHIEF ENGINEER (ELE)
KPTCL, TRANSMISSION ZONE
ANAND RAO CIRCLE, BANGALORE-09.
3. SUPERINTENDING ENGINEER (ELE)
2
TRANSMISSION MAINTENANCE
BMAZ NORTH, KPTCL, GROUND FLOOR,
ANANDA RAO CIRCLE, BANGALORE- 09.
4. SUPERINTENDING ENGINER (ELE)
TRANSMISSION MAINTENANCE BMAZ SOUTH
KPTCL, GROUND FLOOR,
ANANDA RAO CIRCLE, BANGALORE- 09.
5. EXECUTIVE ENGINEER (ELE),
TL & SS DIVISION KPTCL,
HOODY, BANGALORE -48.
6. EXECUTIVE ENGINEER (ELE)
TL & SS DIVISION KPTCL,
PEENYA, BANGALORE- 58.
RESPONDENTS
(BY SRI SHIRISH KRISHNA, ADVOCATE - VC)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE OM BEARING NO.AA IM(V)/PRA
(NI)/BEM.MA.KSHE.VA(U)/ ULENI/HISA/7044-47 DATED
07.12.2015 ISSUED BY RESPONDENT NO.4 PRODUCED AT
ANNEXURE-D TO THE EXTENT OF CONFINING APPROVAL TO
PAY SALARY ONLY TO THE DAYS DURING WHICH THE
PETITIONER HAS ATTENDED DUTY, AS THE SAME IS VIOLATIVE
OF ARTICLES 14, 16 AND 21 OF THE CONSTITUTION OF INDIA
AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING :
3
ORDER
The petitioner in this writ petition has called in question the order dated 07.12.2015 by which the salary payable to the petitioner on account of her compulsory waiting is restricted only to the days on which she is present in the office.
2. The petitioner owing to her ill-health could not attend the office and availed leave for 19 months and reported back to the duties on 19.10.2012 at the place where she was earlier working i.e., at Hoody Division of the respondent. By then, at the time when the petitioner reported to Hoody Division the post was not vacant and as a result of which the petitioner was placed on compulsory waiting from 19.10.2012 to 03.02.2013. By an official memorandum dated 04.02.2013 the petitioner was sent on deputation to GES Brigade Sub-station at Malleswaram. 4
3. Therefore, the treatment period between 19.10.2012 to 03.02.2013 is the question that arises in this petition. The respondents have passed an official memorandum on the representations given by the petitioner on 17.12.2015 holding that the petitioner was on compulsory waiting period between 19.10.2012 to 03.02.2013 having held the petitioner to be on compulsory waiting it is rather strange that the Corporation has directed the salary be paid only on the dates on which the petitioner was present in the office. In the matter of compulsory waiting which is brought about by the action of the employer in not giving posting to the employee cannot be held to say that salary will not be paid to the folly committed by the employer.
4. Though the learned counsel appearing for the respondent would seek to justify the stand in the impugned order saying that petitioner was not present on certain dates, taking this Court through Annexure-G a communication dated 30.11.2018 with regard to the 5 attendance of the petitioner. It is trite law that when an order by compulsory waiting period is ordered by the employer, the employee shall not be penalized with non- payment of salary for that period.
5. Writ petition is allowed. That portion of the order which restricts the payment of salary only to the dates on which the petitioner has attended the duties is set aside. As a consequence of setting aside of the order, the petitioner is also entitled to regularization of the said period between 19.10.2012 to 03.02.2013 with all other consequential benefits.
Sd/-
JUDGE hnm