Karnataka High Court
Sri Rajesh D S 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.44729/2017 (S - RES) C/W
W.P.No.4863/2017 (S - RES)
W.P.No.50830/2016 (S - RES)
IN W.P.No.44729/2017:
BETWEEN:
1 . SRI RAJESH D S
S/O SRI SUBBANNA
AGED ABOUT 33 YEARS
R/O DODDASAGARE VILLAGE AND POST
KORATEGERE TALUK
TUMKUR DISTRICT-572129
2 . SRI R RUPESH
S/O SRI RAMASWAMY N
AGED ABOUT 30 YEARS
R/AT NO.2/23 2ND BLOCK
NEW TOWN BETHAMANGALA
BANGARAPETE TALUK KOLARA-563113
3 . SRI MADHUKAR K M
S/O SRI MUNIRAJU K B
AGED ABOUT 27 YEARS
R/AT NO.-00 KARISANDRA
MALUR TALUK, KOLARA-563139
4 . SRI SHIVAKUMAR V
S/O SRI VENKATAMUNIYAPPA M
AGED ABOUT 35 YEARS
R/O SOREGOWDANAKOTE
KASABA HOBLI, BANGARAPETE TALUK
KOLARA-561362
-2-
5 . SRI RAVI S
S/O SRI SIDDACHARI
AGED ABOUT 33 YEARS
R/AT NO.663/29, 1ST MAIN
5TH CROSS, NEAR ANJANEYA TEMPLE
NEW NITTUVALLI EXTENSION,
H.K.R CIRCLE, DAVANAGERE-577004
6 . SRI YATHISHA H S
S/O SRI SIDDAGANGAIAH H K
AGED ABOUT 27 YEARS
R/AT NO.81-1 SHIVANANDANAGARA
HEGGANAHLLI BENGALURU NORTH TALUK
BENGALURU-560011
7 . SRI VENUGOPALA
S/O SRI RAMAKRISHNAPPA
AGED ABOUT 27 YEARS
R/AT NO.1, LALAGUNDANAHALLI,
DAVANAHALLI TALUK
BENGALURU RURAL DISTRICT-562110
8 . SRI PRAKASH M
S/O SRI MADHU
AGED ABOUT 40 YEARS
R/AT WARD NO.3 VINAYAKANAGARA
RAMANAGARA TOWN
RAMANAGARA TALUK AND DISTRICT-562159
9 . SRI KUMARA M
S/O SRI MALLESHAPPA
AGED ABOUT 18 YEARS
R/O KURUBARAPETE
SULIBELE, SULIBELE HOBLI
HOSAKOTE TALUK
BENGALURU RURAL DISTRICT-562129
10 . SRI HONNAGANGARAJU
S/O SRI CHIKKAGANGAIAH
AGED ABOUT 37 YEARS
R/AT NO.125, 11TH CROSS,
MARIYAPPANAPALYA
KENGERI, BENGALURU-560056
-3-
11 . SRI KEERTHI K
S/O SRI KRISHNAMURTHY
AGED ABOUT 25 YEARS
R/O JANATHA COLONY, SULIBELE
HOSAKOTE TALUK
BENGALURU RURAL DISTRICT-562129
12 . SRI VENKATESH
S/O SRI MUNINAGAPPA
AGED ABOUT 30 YEARS
R/O MOTHAKADAHALLI
BYLANARASAPURA TALUK
BENGALURU RURAL DISTRICT-562122
13 . SRI SANTHOSH C
S/O SRI CHANDRACHARI
AGED ABOUT 30 YEARS
R/AT #112, 2ND MAIN,
JANATHA COLONY, MARIYAPPAPALYA,
BANGALROE SOUTH TALUK
BENGALURU-560056
14 . SRI JAGADEESHA
S/O SRI VENKATAIAH
AGED ABOUT 30 YEARS
R/O #1436, 2ND CROSS,
SIDDARTHA NAGARA
WARD NO.9, MALAVALLI
MANDYA-571430
15 . SRI LIYAKATHULLA N
S/O SRI NAWAB JAN
AGED ABOUT 30 YEARS
R/O #3057, DR AMBEDKAR ROAD
1ST CROSS, NEAR NEW POLICE LINE
BANGARPET, BUDIKOTE
KOLAR DISTRICT-563114
16 . SRI KEMPEGOWDA V
S/O SMT SITHAMMA
AGED ABOUT 39 YEARS
R/O VALAGERAPURA, SULIBELE HOBLI
HOSAKOTE TALUK
BENGALURU RURAL DISTRICT-562129
-4-
17 . SRI SYED NADEEM PASHA
S/O SRI SYED ALTAF PASHA
AGED ABOUT 42 YEARS
R/O NANADAGUDI, NANDAGUDI HOBLI
HOSAKOTE TALUK
BENGALURU RUAL DISTRICT-562122
18 . SRI BASAVARAJU V N
S/O SRI NAGARAJU
AGED ABOUT 26 YEARS
R/O VIRUPAKSHIPURA VILLAGE & POST
CHANNAPATNA TALUK
RAMANAGARA DISTRICT-562159
19 . SRI HARISH G
S/O SRI GANGADARAIAH
AGED ABOUT 23 YEARS
R/AT WARD NO.23, KUNIGAL
TUMKUR-573130
20 . SRI SIRAJ AHAMAD
S/O SRI GHOOUSE PEER AHAMAD
AGED ABOUT 26 YEARS
R/O DODDENAHALLIPALYA
GUBBI TALUK
TUMKUR TALUK AND DISTRICT-572213
21 . SRI GANGADHARA B
S/O SRI BORAIAH L
AGED ABOUT 41 YEARS
R/O MADIKEHALLI POST
KUNIGAL TALUK, TUMKUR-572130
22 . SRI VISHWROOP H R
S/O SRI RAJAPPA
AGED ABOUT 24 YEARS,
R/O BESTHARA BIDI
HALEPETE, HULIYURUDURGA
TUMKUR-572123
23 . SRI SANTHOSH H C
S/O SRI L CHANNAPPA
-5-
AGED ABOUT 26 YEARS
R/O #94, HALEPETE
HULIYURDURGA, TUMKUR-572123
24 . SRI NAGARAJA
S/O SRI ANANDAIAH
AGED ABOUT 40 YEARS
R/O TAREYADAKUPPA VILLAGE AND POST
KUNIGAL TALUK, TUMKUR-572130
25 . SRI SAMI ULLA
S/O SRI ABDUL RAHIM
AGED ABOUT 41 YEARS
R/O NO.113, MADDUR ROAD
KUNIGAL TUMKUR-572130
26 . SRI K R ANIL KUMAR
S/O SRI RAMASWAMY
AGED ABOUT 29 YEARS
R/O BEHIND KEB QUARTERS
KRS AGRAHARA, KUNIGAL
TUMKUR-572150
27 . SRI MUJIBER REHAMAN
S/O SRI ABDUL GAFFER
AGED ABOUT 26 YEARS
R/AT 1ST CRICLE, SULIBELE
HOSAKOTE TALUK
BENGALURU RURAL DISTRICT-562122
28 . SRI ROSHAN PASHA
S/O SRI SUHEEL PASHA
AGED ABOUT 25 YEARS
R/O JANATHA COLONY
SULIBELE HOSAKOTE TALUK
BANGALORE RURAL DISTRICT-562122
29 . SRI RAVIKUMAR
S/O SRI VENKATARAMANAPPA
AGED ABOUT 31 YEARS
R/O ARUVANAHALLI
KUYIRA POST, DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT-562122
-6-
30 . SRI RAMAKUMAR
S/O SRI NARAYANASWAMY
AGED ABOUT 19 YEARS
R/O BAICHAPURA VILLAGE,
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT-562122
31 . SRI M MOHAN
S/O SRI MUNIYAPPA
AGED ABOUT 19 YEARS
R/O KADUSONNAPPANAHALLI
BIDARAHALLI HOBLI
BANGALORE SOUTH TALUK
BENGALURU DISTRICT ... 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-560 001
2 . KARNATAKA POWER TRANSMISSION
CORPORATION LTD (KPTCL)
REP BY ITS MANAGING DIRECTOR
HAVING ITS CORPORATE OFFICE AT
CAUVERY BHAVAN, K.G.ROAD
BENGALURU-5560009
3 . BENGALURU ELECTRICITY
SUPPLY COMPANY (BESCOM)
REP 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 R-1;
SRI B.L.SANJEEV, ADV. FOR R-2;
SRI RAVINDRA REDDY, ADV. FOR R-3.]
-7-
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.4863/2017:
BETWEEN:
1 . SRI VIJAYA KUMAR A N
S/O NAGARAJ, AGED ABOUT 24 YEARS,
NO.204, RAMADEVARA BETTADA ROAD,
VIJAYANAGARA 2ND CROSS,
OPP. KALIKAMBA TEMPLE
RAMANAGARA-562 159
2 . SRI.MAHESH KUMAR
S/O RAVI SHANKAR.B,
AGED ABOUT 24 YEARS,
RAMADEVARA BETTADA ROAD,
VIJAYANAGARA 2ND CROSS,
OPP. KALIKAMBA TEMPLE
RAMANAGARA-562 159
3 . SRI.A.N.VINAY KUMAR
S/O NAGARAJ,
AGED ABOAUT 25 YEARS,
NO.204, RAMADEVARA BETTADA ROAD,
VIJAYANAGARA 2ND CROSS,
OPP. KALIKAMBA TEMPLE,
RAMANAGARA-562 159
4 . SRI.NAGARAJU
S/O LATE SADHA, AGED ABOUT 36 YEARS,
NO.332, VIJAYANAGARA,
5TH CROSS, NEAR KALIKAMBA TEMPLE
RAMANAGARA-56159 ... PETITIONERS
[BY SRI VENKATESH T.S., ADV.]
-8-
AND:
1 . STATE OF KARNATAKA
ENERGY DEPARTMENT,
ROOM NO.236, 2ND FLOOR,
VIKASA SOUDHA,
DR.B.R.AMBEDKAR ROAD,
BANGALORE-560 001
REP BY ITS ADDITIONAL CHIEF
SECRETARY TO GOVERNMENT.
2 . KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED (KPTCL)
HAVING ITS CORPORATE OFFICE AT:
CAUVERY BHAWAN, K.G.ROAD,
BANGALORE-560 009.
REP BY ITS MANAGING DIRECTOR
3 . BANGALORE ELECTRICITY
SUPPLY COMPANY (BESCOM)
HAVING ITS CORPORATE OFFICE AT:
BESCOM, K.R.CIRCLE, BANGALORE-560 001.
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.50830/2016:
BETWEEN:
1 . SRI YASHODHARA T
S/O THIPPESWAMY
AGED ABOUT 28 YEARS
-9-
NO.111, SANNEKERE-1
CHALLKERE, CHITHRADURGA-577522
2 . SRI DHANUSH T
S/O THIPPESWAMY
AGED ABOUT 24 YEARS
NO.111, SANNEKERE-1
CHALLKERE, CHITHRADURGA-577522
3 . SRI SIDDESH H
S/O MALLIKARJUNAPPA
AGED ABOUT 30 YEARS
NO.8, NORTH STREET, NEELASANDRA,
NEAR CHRISTIAN GIRL SCHOOL
BANGALORE-560 047
4 . SRI GIRISH S
S/O SHIVAIAH
AGED ABOUT 27 YEARS
SOUTHANAHALLI
K R NAGAR (TALUK)
MYSORE DISTRICT
5 . SRI RAVICHANDRA S R
S/O RUDRAMUNIYAPPA
AGED ABOUT 28 YEARS
NO.39/54, NORTH STREET
NEAR KATERAMMA TEMPLE
5TH CROSS, BANGALORE-560 047
6 . SRI MAHAMMAD TAUSIFF
S/O SHEKH ABDUL SUBHAN
AGED ABOUT 29 YEARS
NO.10, MEENAKSHI LAYOUT
KAI KENDAHALLI ROAD
AGRAHARA, HOSA ROAD
ELECTRANIC CITY, BANGALORE
7 . SRI ABHILASH H S
S/O SIDDARAJU
AGED ABOUT 27 YEARS
ALLASALLI, MALLAVALLI (TALUK)
MANDYA (DISTRICT)
- 10 -
8 . SRI RANGANATH R
S/O N RAMAIAH
AGED ABOUT 33 YEARS
SOLAPURA TEMPLE ROAD
3RD CROSS, BANGALORE
9 . SRI RAGHUNATH M
S/O MOLLAIAH
AGED ABOUT 27 YEARS
NO.184, ANITHA CONVENT ROAD
3RD CROSS, N E S LAYOUT
MALLAVALLI TOWN, MALLVALLI (TALUK)
MANDYA (DISTRICT)-571430
10 . SRI MALLESH D N
S/O NARAYANA SHETTY
AGED ABOUT 41 YEARS
DIBUR HALLI VILLAGE
SIDALAGHATA (TALUK)
CHIKKABALLAPURA DISTRICT-562105
11 . SRI CHIKKA VENKATASWAMY
S/O MUNIVENKATAPPA
AGED ABOUT 39 YEARS
SRIRAM NAGAR, WARD NO.20
CHALLUR ROAD, CHINTHAMANI TOWN
CHIKKABALLPURA (DISTRICT)-563125
12 . SRI NARAYAN SWAMY N
S/O NADUPAN, AGED ABOUT 45 YEARS
GADAVAL PET, WARD NO.20
CHINTHAMANI TOWN
CHIKKABALLAPURA (DISTRICT)-563125
13 . SRI MANJUNATH M
S/O MUNIYAPPA
AGED ABOUT 37 YEARS
R/AT Y AGRAHARA VILLAGE
Y HOSAKOTE, SRINIVASA PURA (TALUK)
KOLAR (DISTRICT)-563135
14 . SRI NAGARAJU K R
S/O RAMAPPA K G
AGED ABOUT 22 YEARS
- 11 -
NO.162, KODIGAL VILLAGE
CHINTHAMANI (TALUK)
CHIKKABALLAPURA DISTRICT-563125
15 . SRI VENKATASHIVAPPA
S/0 MUNIYAPPA
AGED ABOUT 40 YEARS
KOMEPALLI VILLAGE
MITTA HALLI (POST)
CHINTHAMANI (TALUK)
CHIKKABALLAPURA DISTRICT-563125
16 . SRI UMESH B
S/0 BYLAPPA,
AGED ABOUT 30 YEARS
NO.106, BUDIHAL
NELAMANGALA (TALUK)
BANGALORE (DISTRICT)-562123
17 . SRI RAJESH H G
S/0 GANESHCHAR A G
AGED ABOUT 25 YEARS
NO.3404/36, MARUTHI LAYOUT
WARD NO.22, HUNASURU (TALUK)
MYSORE DISTRICT-571105
18 . SRI SURYAKANTH S G
S/0 SHIVAPPA
AGED ABOUT 31 YEARS
NO.31, NATARAJ (AX RAMY)
KENCHENAHALLI
NEAR HANUMAN TEMPLE
R R NAGAR, BANGALORE-560 098
19 . SRI CHARAN RAJ H S
S/0 SHANKAR
AGED ABOUT 29 YEARS
NO.876, CHIKKABEEDI
HOLLALU, DUDDA HOBLI
MANDYA (TALUK/DISTRICT)-571402
20 . SRI NAGARAJ T
S/O SRI THIRUMALLAPPA
AGED ABOUT 24 YEARS
- 12 -
SARJAPURA VILLAGE
ANEKAL (TALUK), BANGALORE-562125
21 . SRI RAJESH V
S/O VENKATESH M
AGED ABOUT 24 YEARS
NO.512, 1ST MAIN ROAD
NEAR BELLIMATT ROAD
BAKSHIGARDEN
BANGALORE-560053
22 . SRI HARISH S R
S/O RUDRAMUNIYAPPA
AGED ABOUT 31 YEARS
NO.22, 29TH BLOCK
EWS QUARTERS, L R NAGAR
BANGALORE-560030
23 . SRI B NAGARAJ
S/O BASAVANAPPA
AGED ABOUT 24 YEARS
HEREKABBIGERE VILLAGE
BASAVANASHIVANAKERE (POST)
THORUVANUR HOBLI
CHITHRADURGA (TALUK AND DISTRICT)-577541
24 . SRI SHIVANNA H
S/O HANUMATHAPPA
AGED ABOUT 25 YEARS
HEREKABBIGERE VILLAGE
BASAVANASHIVANAKERE (POST)
CHITHRADURGA (TALUK AND DISTRICT)-577 541
25 . SRI SANTHOSH KUMAR R
S/O H RAJANNA
AGED ABOUT 28 YEARS
VALASE (VALASE POST)
THALLUKU HOBLI
CHALLAKERE (TALUK)
CHITHRADURGA DISTRICT-577 543
26 . SRI ASHOK R
S/O RANGAPPA M
AGED ABOUT 22 YEARS
- 13 -
CHIKKAMANAHALLI VILLAGE AND POST
CHALLAKERE TALUK, TALAKU HOBLI
CHITHRADURGA DISTRICT-577 522
27. SRI ASHOK J.E.,
S/O ERAPPA,
AGED ABOUT 29 YEARS
JUNJANAHALLI VILLAGE,
IRANGAPPALI POST,
CHINTAMANI TALUK,
CHIKKABALLAPURA DISTRICT.
28 . SRI SRINATH K V
S/O VENKATESHAPPA K V
AGED ABOUT 27 YEARS
KOTAGAL VILLAGE
KOTAGAL POST, CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT
29 . SRI P R VENKATESHAIAH
S/O RAMAKRISHNAPPA
AGED ABOUT 43 YEARS
WARD NO.15, VINAYAKANAGARA 1ST CROSS
CHINTAMANI TOWN
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT
30 . SRI SUDHAKAR V
S/O VENKATARAYAPPA
AGED ABOUT 34 YEARS
ULIBELE VILLAGE
BURUDAGUNTE POST
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT-563 125
31 . SRI NAVEEN N
S/O NARAYANASWAMY
AGED ABOUT 22 YEARS
KOTAGAL POST, CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT
32 . SRI SOMASHEKAR C
S/O CHOWDAPPA
AGED ABOUT 24 YEARS
- 14 -
IRAGAMPALLI VILLAGE
IRAGAMPALLI KEB COLONY
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT
33 . SRI C B MANJUNATH
S/O BIYANNA
AGED ABOUT 35 YEARS
CHOKKANAHALLI
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT ... PETITIONERS
[BY SRI VENKATESHA T.S., ADV.]
AND:
1 . STATE OF KARNATAKA
ENERGY DEPARTMENT
ROOM NO.236, 2ND FLOOR
VIKASA SOUDHA
DR B R AMBEDKAR ROAD
BANGALORE-560 001
REP BY ITS ADDITIONAL CHIEF
SECRETARY TO GOVERNMENT
2 . KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED (KPTCL)
HAVING ITS CORPORATE OFFICE AT:
CAUVERY BHAWAN, K G ROAD
BANGALORE-560 009
REP BY ITS MANAGING DIRECTOR
3 . BANGALORE ELECTRICITY
SUPPLY COMPANY (BESCOM)
HAVING ITS CORPORATE OFFICE AT:
BESCOM, K R CIRCLE
BANGALORE-560 001
REP BY ITS MANAGING DIRECTOR ...RESPONDENTS
[BY SRI M.V.RAMESH JOIS, AGA FOR R-1;
SRI S.SRIRANGA, ADV. FOR R-2 & R-3.]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
- 15 -
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.
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.
- 16 -
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 aside. However, BESCOM has been directed to pay wages to the writ petitioners for the post that they are holding.
- 17 -
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
- 18 -
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
- 19 -
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,
- 20 -
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
- 21 -
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