Karnataka High Court
Sri Lokesha K vs State Of Karnataka on 3 February, 2020
Equivalent citations: AIRONLINE 2020 KAR 287
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.2937/2017 (S - RES)
c/w W.P.No.15705/2017 (S - RES),
W.P.No.21642/2017 (S - RES),
IN W.P.No.2937/2017:
BETWEEN:
1 . SRI LOKESHA K
S/O LATE KADEGOWDA
AGED ABOUT 37 YEARS
ABBURDODDI, ABBUR POST,
CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 562108
2 . SRI NAGESHA
S/O NAGAIAH
AGED ABOUT 27 YEARS
VINAYAKANAGARA
CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 562108
3 . SRI FAYAZ AHMED KHAN
S/O HYDER ALI KHAN
AGED ABOUT 28 YEARS
No.107/18/2, SATANUR ROAD CROSS,
INDIARA COTTAGE,
CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 562108
4 . SRI PRAKASH S
S/O SRINIVASAIAH
AGED ABOUT 30 YEARS
LALAGATTA POST,
CHANNAPATNA TALUK
-2-
RAMANAGARA DISTRICT - 562108
5 . SRI JAGADEESH B C
S/O CHIKKAMARIYAPPA
AGED ABOUT 21 YEARS
BELAGAVADI
RAMANAGARA TALUK
RAMANAGARA DISTRICT - 562159
6 . SRI KUMARASWAMY
S/O RANGEGOWDA
AGED ABOUT 31 YEARS
KELAGERE, NAGAVARA POST,
CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 562108
7 . SRI RAJESH D
S/O DODDAIAH
AGED ABOUT 30 YEARS
MATTIKERE SETTIHALLI
CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 562108
8 . SRI ANILRAJU
S/O DEVARAJU
AGED ABOUT 26 YEARS
No.23, SANKALAGERE VILLAGE
SETTIHALLI POST, CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 562160
9 . SRI ABHISHEK GOWDA
S/O DEVARAJU
AGED ABOUT 22 YEARS
SANKALAGERE VILLAGE
SETTIHALLI POST
CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 562160
10 . SRI SURYAKUMAR
S/O SHIVAMURTHY
AGED ABOUT 29 YEARS
NEELAKANTANAHALLI
CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 562101
-3-
11 . SRI BALAKRISHNA T S
S/O SRINIVASA
AGED ABOUT 32 YEARS
No.1, WARD HOUSE,
No.31, BEHIND RMC YARD
HANUMANTHANAGARA
RAMANAGARA TOWN - 571511
12 . SRI SUNIL G
S/O GURU, AGED ABOUT 28 YEARS
CHIKKAMALURU VILLAGE
MALLUR POST,
CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 571501
13 . SRI VINOD R S
S/O RAJU L
AGED ABOUT 28 YEARS
VINAYAKANAGARA, WARD NO 28,
NEAR GANAPATHI TEMPLE,
THATTEKERE CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 562127
14 . SRI NAVEEN KUMAR V
S/O VENKATARAMAIAH
AGED ABOUT 28 YEARS
ANAJANAPURA VILLAE
ANJANAPURA POST,
KYLANCHA HOBALI,
RAMANAGARA TALUK
RAMANAGARA DISTRICT - 571511
15 . SRI SHERYAS
S/O SRINIVASA, AGED ABOUT 22 YEARS
VEERAPURA VILLAGE
MANCHENABELE POST,
MAGADI TALUK
RAMANAGARA DISTRICT - 571511
16 . SRI K SATHISH
S/O V KRISHNACHAR
AGED ABOUT 35 YEARS
NO 1295, CAHMUNDESHWARI
-4-
BADAVANE RAMANAGARA TOWN
RAMANAGARA - 571511
17 . SRI YOGANANDA M Y
S/O VYRMUDDAIAH
AGED ABOUT 37 YEARS
MYNAYAKANAHALLI (V & P)
CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 571511
18 . SRI VIJAYA KUMAR G
S/O GURU, AGED ABOUT 25 YEARS
NO 591, CHIKKAMALLUR VILLAGE
MALLUR POST CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 571511
19 . SRI RAJSHEKAR S
S/O SHIVANNA H
AGED ABOUT 31 YEARS
NO 1731 BEHIND SHAN TAKLIES
RAMANAGARA TOWN
RAMANAGARA - 571511
20 . SRI SATHISHA M R
S/O RAMESH
AGED ABOUT 22 YEARS
MARALINGA VILLAGE & POST
KOPPA HOBLI, MADDUR TALUK
MANDYA DISTRICT - 571428
21 . SRI BASAVARAJU
S/O MANCHAIAH
AGED ABOUT 30 YEARS
DODDA ARASIKERE VILLAGE
CHIKKA ARASIKERE HOBLI,
MADDUR TALUK
MANDYA DISTRICT - 571428
22 . SRI SANTOSH KUMAR M R
S/O RAMESHA
AGED ABOUT 25 YEARS
MARALINGA VILLAGE & POST
KOPPA HOBLI, MADDUR TALUK
MANDYA DISTRICT - 571428
-5-
23 . SRI CHANDRAKANTHA B S
S/O SHIVAMADHU
AGED ABOUT 26 YEARS
BANAGAHALLI VILLAGE
AMBADAHALLLI POST
V PURA HOBLI, CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 571511
24 . SRI KARTHIK K N
S/O NARAYAN K V
AGED ABOUT 21 YEARS
KOMANAHALLI VILLAGE,
ABBUR HOBLI, CHANNAPATNA TALUK
RAMANAGARA DISTRICT - 571511
25 . SRI BASAVARAJU P S
S/O PUTTASWAMY
AGED ABOUT 27 YEARS
DYAPEGOWDANA DODDI VLLLAGE
MALAGALA POST KANAKAPURA TALUK
RAMANAGARAM DISTRICT - 562117
26 . SRI NAGEGOWDA C P
S/O PUTTAGOWDA
AGED ABOUT 25 YEARS
CHIRANAKUPPE VILALGE
MALAGALA POST, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562117
27 . SRI SURESH H
S/O HUCHAIAH
AGED ABOUT 24 YEARS
ANAJANAWADI VILLAGE
KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562117
28 . SRI MOHAN KUMAR
S/O PAPANNA
AGED ABOUT 19 YEARS
SINGATAKERE VILLAGE,
MADARAHALLI POST
MADDUR TALUK
MANDYA DISTRICT - 571422
-6-
29 . SRI MANJUNATHA
S/O SIDDALINGAIAH
AGED ABOUT 31 YEARS
KOOTAGAL HOBLI, JALAMANGALA
RAMANAGARA TALUK
RAMANAGARA DISTRICT - 571511
30 . SRI PUTTARAMA J H
S/O HANUMAIAH
AGED ABOUT 27 YERS
KOOTAGAL HOBLI, JALAMANGALA
RAMANAGARA TALUK
RAMANAGARA DISTRICT - 571511
31 . SRI PUNEET G
S/O R GOPALASWAMY
AGED ABOUT 25 YEARS
B M ROAD, RAMASWAMY STREET
RAMANAGARA TALUK
RAMANAGARA DISTRICT - 571511
32 . SRI PRASAD G
S/O GANESH
AGED ABOUT 31 YEARS
VIJAYANAGARA 5TH CROSS,
NEAR KALIKAMBA TEMPLE
RAMANAGARA TALUK
RAMANAGARA DISTRICT - 571511
33 . SRI MANJUNATHA
S/O KRISHNAIAH
AGED ABOUT 28 YERS
KAVANAPURA VILLAGE
KAILANCHA HOBLI,
LAKKOJANAHALLI POST,
RAMANAGARA TALUK
RAMANAGARA DISTRICT - 571511
34 . SRI SIDDAPPAJI K N
S/O NAGALINGAIAH
AGED ABOUT 27 YEARS
KAVANAPURA VILLAGE
-7-
KAILANCHA HOBLI,
LAKKOJANAHALLI POST
RAMANAGARA TALUK
RAMANAGARA DISTRICT - 571511
35 . SRI ARUNKUMAR D M
S/O SIDAIAH
AGED ABOUT 23 YEARS
DODDA ARASINAKERE VILLAGE & POST
CHIKKA ARASINAKERE HOBLI,
MADDURU TALUK
MANDYA DISTRICT - 571422
36 . SRI RAVI KUMAR G B
S/O BOMMANAIAIAH
AGED ABOUT 27 YEARS
GADAGAYANA DODDI VILLAGE
HAGALAHALLI POST,
KASABA HOBLI,
RAMANAGARA TALUK & DISTRICT - 562128
37 . SRI SHANKAR
S/O SHIVALINGAIAH
AGED ABOUT 33 YEARS
KEMPEGOWDANA DODDI VILLAGE,
JIGGENAHALLI POST KASABA HOBLI,
RAMANAGARA TALUK & DISTRICT - 562128
38 . SRI SRINIVAS
S/O CHIKKATHIMMAIAH
AGED ABOUT 31 YEARS
KOLARMARANAKUPPE VILLAGE
LAKSHMIPURA POST, KOOTAGAL HOBLI,
RAMANAGARA TALUK & DISTRICT - 562128 ... PETITIONERS
[BY SRI T.S.VENKATESH, ADV.]
AND:
1 . STATE OF KARNATAKA
ENERGY DEPARTMENT,
ROOM No.236, 2ND FLOOR,
VIKASA SOUDHA, Dr. B.R.AMBEDKAR ROAD,
-8-
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 B.L.SANJEEV, 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.15705/2017:
BETWEEN:
1 . SRI YOGESH M
S/O SRI MAHADEVAIAH
AGED ABOUT 26 YEARS,
R/AT NO.70/13, BOMMASANDRA
SHIVASHANKARAPPA BUILDING,
ANEKAL TALUK, BENGALURU-56099
2 . SRI NAGESH V S
S/O SRI SIDDAPPA
AGED ABOUT 27 YEARS
R/O THEETA VILALGE
-9-
KORATAGERE TALUK
TUMKUR-572129
3 . SRI DAYANANDA K V
S/O SRI BYRAPPA
AGED ABOUT 29 YEARS,
R/O KULUME PALYA VILLAGE
KUNIGAL TALUK, TUMKUR-572126
4 . SRI NARASIMHAMURTHY
S/O SRI GANGANARASAIAH
AGED ABOUT 40 YEARS,
NERELEKERE VILLAGE
TIPPANSADRA, MAGADI TALUK
RAMANAGARA-562131
5 . SRI RAVIKUMAR M S
S/O SRI SHIVARAMEGOWDA
AGED ABOUT 31 YEARS,
R/AT NO.62, NAGAMANGALA
MANDYA-571432
6 . SRI CHINNASWAMY
S/O SRI NINGAIAH
AGED ABOUT 38 YEARS,
MALLIGANAHALLI VILLAGE
AMBEDKAR STREET
KINKAKANHALLI
CHAMARAJANAGARA-571442
7 . SRI N NAVEENKUMAR
S/O SRI NAGARAJU S
AGED ABOUT 29 YEARS,
R/AT NO.7A/468, BASTHIPURA ROAD
BASAWESHWARANAGARA
KOLEGALA TOWN
CHAMARAJANAGARA-571440
8 . SRI K MADAN KUMAR
S/O SRI KRISHNAPPA
AGED ABOUT 28 YEARS,
R/O HUSKURU, ANEKAL TLAUK
BANGALORE-560099
- 10 -
9 . SRI PRAKASH
S/O SRI SHIVANNA
AGED ABOUT 33 YEARS,
R/O AREKADAKALU VILLAGE
TATTEKERE KANAKAPURA TLAUK
RAMANAGARA-562112
10 . SRI K F KUMMANNAVAR
@ KUBERAPPA K
S/O SRI FAKEERAPPA
AGED ABOUT 36 YEARS,
R/O HALAGERE, BADAGE TLAUK
HAVERI DISTRICT-581110
11 . SRI MAHADEVA M
S/O SRI MADEGOWDA
AGED ABOUT 28 YEARS,
R/O ANEHOSAHALLI VILLAGE,
METTALU POST
KANAKAPURA TALUK
RAMANAGARA-562117
12 . SRI D AJMAL
S/O SRI DASTHAGIR SAB
AGED ABOUT 30 YEARS,
R/AT NO.13/5, HOSUR MAIN ROAD,
RADHA COMPLEX BACK SIDE
BOMMANAGALLI, BENGALURU-560068
13 . SRI SURESH M K
S/O SRI KRISHNAPPA
AGED ABOUT 28 YEARS,
R/AT NO.504, MANIGANAHALLI VILLAGE
MAGADI TALUK, RAMANAGARA-562120
14 . SRI GIRISH M S
S/O SRI SHIVANNA
AGED ABOUT 23 YEARS
R/AT NO.142, MARALE VILLAGE
MARALE MATA POST, RAMANAGARA-562117
15 . SRI KESHAVAMURTHY K
S/O SRI KRISHNAREDDY
AGED ABOUT 34 YEARS,
- 11 -
R/O GERALIGANA VILLAGE
SAMANDUR BANGALORE-562106
16 . SRI PRASANNA KUMAR T R
S/O SRI RAMAKRISHNAIAH T
AGED ABOUT 36 YEARS,
R/AT NO.106, BANAHALLI VILLAGE
CHANDAPURA HOBLI
ANEKAL TALUK, BENGALURU-560091
17 . SRI V KRISHNAMURTHY
S/O SRI VENUGOPALA
AGED ABOUT 38 YEARS,
R/AT NO.123, MUNIREDDY LAYOUT
G.B.PALYA BANGALORE-560068
18 . SRI JAGANNATH REDDY
S/O SRI VERAREDDY
AGED ABOUT 28 YEARS,
R/AT NO.1/25
SEDAM BANNUR G LINGAMPALLI
GULBARGA-581318
19 . SRI NAGENDRA K K
S/O SRI KENCHAPPA
AGED ABOUT 25 YEARS,
R/O KURUBARAHALLI VILLAGE
NALIGANAHALLI POST
PAVAGADA, TUMKUR-561202
20 . SRI NARASIMHA YADAV A
S/O SRI ASHAPPA
AGED ABOUT 27 YEARS,
R/O DAVADABETTA
KILARALAHALLI POST,
PAVAGADA (RURAL)
TUMKUR-561202
21 . SRI YOGESH K S
S/O SRI SHIVARUDRAIAH K
AGED ABOUT 27 YEARS,
R/O DODAKUBRAHALLI VILLAGE,
HAROHALLI HOBLI, JAKKASANDRA
RAMANAGARA-562112
- 12 -
22 . SRI AVINASH H J
S/O SRI JAYARAM H R
AGED ABOUT 33 YEARS,
R/AT NO.269, ANEKAL MAIN ROAD,
HAROHALLI KANAKAPURA TALUK
RAMANAGARA-562112
23 . SRI MANJUNATH D
S/O SRI DEVARAJA V N
AGED ABOUT 25 YEARS,
R/AT NO.117/A, 7TH MAIN,
PIPELINE, KASTHURIBANAGAR
BENGALURU-560026
24 . SRI R KRISHNAPPA
S/O SRI RAMAIAH
AGED ABOUT 38 YEARS,
R/O VANAKANAHALLI
SANAVARA, BENGALURU-562106
25 . SRI VASANTHAKUMAR
S/O SRI MOTANNA
AGED ABOUT 38 YEARS
R/AT NO.68,
C.D HOSAKOTE KASABA CIRCLE
ANEKAL BENGALURU-562106
26 . SRI GAVIGOWDA
S/O SRI HALADEGOWDA
AGED ABOUT 40 YEARS,
R/O MATADAKOPPALU VILLAGE
BETTADAPURA HOBLI
PERIYAPATNA TALUK
MYSORE-571102
27 . SRI RAVISHA
S/O SRI ANNAIAH CHARI
AGED ABOUT 35 YEARS,
R/AT NO.16, MUDALAKOPALU
HALIMYSORE HOBLI
HOLENARISIPURA TALUK
HASSAN-573211
- 13 -
28 . SRI GAJENDRA D N
S/O SRI NARAYANAGOWDA
AGED ABOUT 25 YEARS,
R/AT NO.39, GIRIGOWDANA PALYA
KUNIGAL TALUK, TUMKUR-572123
29 . SRI SIDDAPPA
S/O SRI KEMPANNA
AGED ABOUT 40 YEARS,
R/AT NO.SI 86, BANAGERE
BANGARPET TALUK
KOLAR DISTRICT-563114
30 . SRI AMARESH S
S/O SRI SUBBUGOWDA
AGED ABOUT 26 YEARS,
R/O STREET ROAD LANE
DR.RAJKUMAR ROAD,
NEAR GOVERNMENT HIGH SCHOOL
KYASAMBALLI KOLAR DISTRICT-563121
31 . SRI GURAPPA P M
S/O SRI MUNIGANGAPPA
AGED ABOUT 38 YEARS,
R/O PARVANAHALLI VILLAGE,
MAGONDHI KOLAR-563114
32 . SRI SHAKEEL
S/O SRI MUKTHIYAR AHAMAD
AGED ABOUT 26 YEARS,
R/AT NO.13, 2ND BLOCK,
NEW TOWN, BETHAMANGALA
KOLAR-563116
33 . SRI NANDAKUMAR A B
S/O SRI BASAVARAJU
AGED ABOUT 28 YEARS,
R/AT NO.23-2, ANENAHALLI
ARASIKERE TALUK, HASSAN-573103
34 . SRI CHANDRASHEKAR K N
S/O SRI K R NAGARAJU
AGED ABOUT 28 YEARS,
R/AT NO.88/B, BANAHALLI
- 14 -
CHANDAPURA CIRCLE
BENGALURU-562128
35 . SRI RAMALINGAIAH S
S/O SRI SHIVALINGAIAH
AGED ABOUT 25 YEARS,
R/AT NO.0, NES LAYOUT,
MAGADI TOWN, RAMANAGARA-562120
36 . SRI PRAKASH
S/O SRI GOVINDAPPA
AGED ABOUT 38 YEARS,
R/O K D HALLI VILLAGE
KENKARE CHIKABALAPUR-562210 ... PETITIONERS
[BY SRI V.R.BALARAJ, ADV.]
AND:
1 . STATE OF KARNATAKA
REP BY ITS ADDITIONAL CHIEF
SECRETARY TO GOVERNMENT
ENERGY DEPARTMENT,
ROOM No.236, 2ND FLOOR,
VIKASA SOUDHA, Dr. B.R.AMBEDKAR ROAD,
BANGALORE - 560001
2 . KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED (KPTCL)
REP BY ITS MANAGING DIRECTOR
HAVING ITS CORPORATE OFFICE
AT CAUVERY BHAVAN, K.G.ROAD,
BANGALORE - 560009
3 . BANGALORE ELECTRICITY
SUPPLY COMPANY (BESCOM)
REP BY ITS MANAGING DIRECTOR
HAVING ITS CORPORATE OFFICE AT
BESCOM, K.R.CIRCLE,
BANGALORE - 560001 ...RESPONDENTS
[BY SRI M.V.RAMESH JOIS, AGA FOR R-1;
SRI P.PRASANNA KUMAR, ADV. FOR R-2 & R-3.]
- 15 -
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
PRODUCED AS ANNEXURE-A INSOFAR AS IT RELATES TO
RECRUITMENTS PERTSINING TO R-3.
IN W.P.No.21642/2017:
BETWEEN:
1 . SRI ARUN PANDIAN M
S/O MURUGAN
AGED ABOUT 28 YEARS
R/AT NO.114, MARIAMMAN KOIL STREET
LOURD NAGAR, ANDERSONPET
KOLAR-563113
2 . SRI THOSIF N
S/O NAYAZ PASHA
AGED ABOUT 24 YEARS
R/AT NO.65, KEB COLONY
CHAMPION REEF, KGF-563117
3 . SRI KIRAN S
S/O SURYANARAYANA
AGED ABOUT 27 YEARS
R/A NO.09, GHATTARAYAGADAHALLI
PEDDAPALLI, KGF-563121
4 . SRI VENKATESH V
S/O VENKATAPPA
AGED ABOUT 33 YEARS
BENNAVARA, BANGARPET
SRINIVASANDRA, KOLAR-563121
5 . SRI VINOD GNANAPRABU A
S/O ALEXANDER
AGED ABOUT 33 YEARS
R/A NO.223, CYANIDE LINE
MARIKUPPAM POST, KGF-563119
- 16 -
6 . MS.LAKSHMI NARAYANA B K
D/O KRISHNAPPA
AGED ABOUT 34 YEARS
R/A ANDERSONPET, KGF-563113
7 . SRI AFROZ PASHA C
S/O CHOTE SAB
AGED ABOUT 34 YEARS
R/A NO.3138, C RAHIM NAGAR
BANGARPET, KOLAR-563114
8 . SRI GOPI S
S/O SRINIVASA
AGED ABOUT 37 YEARS
R/A C-760-OUT
HOUSE BULLENSHAFT
KGF-563120
9 . SRI D ANAND
S/O N DANIEL
AGED ABOUT 33 YEARS
R/A NO.27, KEB COLONY
CHAMPION REEF, KGF-563117
10 . SRI SURESH E
S/O ELAMPOORNAM
AGED ABOUT 39 YEARS
R/A NO.421, 4TH CROSS
GOUTHAM NAGAR
ROBERTSONPET, KGF-563112
11 . SRI SHANKAR
S/O SUBBA ACHARY
AGED ABOUT 44 YEARS
R/A GOLLAHALLI, ANDERSONPET
KGF-563112
12 . SRI JAYARAMA REDDY N
S/O NARAYANA REDDY
AGED ABOUT 44 YEARS
R/A GATTAMADHAMANGALA
VILLAGE AND POST, KGF-563122
- 17 -
13 . SRI NARESH BABU
S/O JAYASHANKAR
AGED ABOUT 29 YEARS
R/A NO.42, CHALDIGAMAHALLI
PARANDAHALLI, ROBERTSONEPT
KGF-563122
14 . SRI RAJENDRAN M
S/O MUNISWAMY
AGED ABOUT 23 YEARS
R/A NO.95, BANAGERE
ANDERSONPET, KGF-563113
15 . SRI VISWANATH
S/O RAMESH
AGED ABOUT 23 YEARS
R/A KEETHI KUPPAM
ANDERSONPET POST
KGF-563113 ... PETITIONERS
[BY SRI VINAYAKA B., 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
- 18 -
BESCOM, K.R.CIRCLE,
BANGALORE - 560001
REP BY ITS MANAGING DIRECTOR ...RESPONDENTS
[BY SRI M.V.RAMESH JOIS, AGA FOR R-1;
SRI S.SRIRANGA, ADV. FOR R3; R-2 IS SERVED.]
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.
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
- 19 -
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 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
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aside. However, BESCOM has been directed to pay wages to the writ petitioners for the post that they are holding.
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.
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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 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
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limit shall be considered by the Corporation in future appointments to be made by framing appropriate guidelines/rules. Neither such guidelines/rules have 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.
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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, 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.
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10. Hence, the challenge made to the notification dated 21.07.2016 issued by the KPTCL as far as the 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