Mrs Suneetha G K vs The Karnataka Power Transmission
2021 Latest Caselaw 886 Kant

                           1



      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 15TH DAY OF JANUARY, 2021

                          BEFORE

        THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

           WRIT PETITION No.40131/2016 (S - RES)

                            C/W

           WRIT PETITION No.10101/2015 (S - RES)

           WRIT PETITION No.23677/2016 (S - RES)

IN WRIT PETITION No.40131/2016 (S - RES)

BETWEEN

1.   MRS.SUNEETHA G.K.,
     W/O M.NAGENDRA KUMAR,
     AGED ABOUT 39 YEARS,
     WORKING AS ASSISTANT
     EXECUTIVE ENGINEER (CIVIL),
     OFFICE AT EXECUTIVE ENGINEER (ELEC)
     BMWND, KPTCL, A.R.CIRCLE,
     BENGALURU - 560 009.

     R/AT NO.301, SLV NARAYANA NILAYA,
     1ST CROSS, VTH BLOCK,
     SEETHAMMA LAYOUT,
     DODDABOMMASANDRA,
     VIDYARANYAPURA POST,
     BENGALURU - 560 097.

2.   MR.D.K.MADHUSUDHAN
     S/O SRI H.C.KRISHNE GOWDA,
     AGED ABOUT 33 YEARS,
                              2



     WORKING AS
     ASSISTANT EXECUTIVE ENGINEER(CIVIL),
     OFFICE AT BBMP,
     WHITEFIELD SUB-DIVISION,
     MAHADEVPURA ZONE,
     BENGALURU - 560 048.

     R/AT "SPOORTHI",
     NO.2125/15, 3RD MAIN,
     VIJAYANAGAR II STAGE,
     HAMPINAGAR,
     BENGALURU - 560 040.

3.   MR.SRIDHAR T.M.,
     S/O Y.G.MUNIYAPPA,
     AGED ABOUT 38 YEARS,
     WORKING AS
     ASSISTANT EXECUTIVE ENGINEER (CIVIL)
     OFFICE AT
     SUPERINTENDING ENGINEER (ELEC)
     BRAZ, UAS CAMPUS, KPTCL, HEBBAL,
     BENGALURU - 560 067.

     R/AT YADAGONDAHALLY,
     M. M. SANDRA (POST)
     VIA KADUGODI,
     BENGALURU - 560 067.

4.   MRS.SHANU P.,
     W/O JAGADEESH M.P.,
     AGED ABOUT 36 YEARS,
     WORKING AS
     ASSISTANT EXECUTIVE ENGINEER (CIVIL),
     OFFICE AT SUPERINTENDING ENGINEER (ELEC),
     BENGALURU RURAL CIRCLE, BESCOM,
     CRESENT TOWERS, CRESENT ROAD,
     BENGALURU - 560 009.

     R/AT SFI, AJANTHA GARDENS,
                            3



      GARDEN SCHOOL ROAD,
      UTTARAHALLI, BENGALURU - 560 061.

5.    MRS.SAVITHA YALLAPUR
      W/O MANIMARAN S.,
      AGED ABOUT 32 YEARS,
      WORKING AS
      ASSISTANT EXECUTIVE ENGINEER (CIVIL),
      OFFICE AT CHIEF ENGINEER (ELEC),
      TRANSMISSION ZONE, KPTCL
      BENGALURU - 560 009.

      R/AT FLAT NO.C-322,
      SHOBHA WINDFALL,
      JAKKUR LAYOUT, AMRUTHALLI,
      BENGALURU - 560 092.
                                              ... PETITIONERS
(BY SMT.LEELA P.DEVAGDIGA., ADVOCATE)

AND

1.    THE KARNATAKA POWER TRANSMISSION
      CORPORATION LTD.,
      CORPORATE OFFICE,
      KAVERI BHAVAN, K.R.CIRCLE,
      BENGALURU - 560 009.
      REP. BY ITS MANAGING DIRECTOR.

2.    THE DIRECTOR (ADMN. & HRD)
      KPTCL, KAVERI BHAVAN,
      BENGALURU - 560 009.

3.    SRI K.S.BASAVA PRABHU
      S/O K.L.SADASHIVAIAH,
      AGED ABOUT 51 YEARS,
      WORKING AS ASSISTANT ENGINEER (CIVIL)
      OFFICE AT KSPDCL,
      BEEJARAJA SEEDS COMPLEX BUILDING,
      2ND FLOOR, BELLARY ROAD, HEBBALA,
                             4



     BENGALURU - 560 024.

     R/ATNO.49, "HARA GIRI", 10TH 'A' CROSS,
     PRASHANTHA NAGAR,
     BENGALURU - 560 079.

                                               ... RESPONDENTS

(BY SRI C.K.SUBRAMANYA, ADVOCATE FOR SRI B.C.PRABHAKAR, ADVOCATE FOR R1 AND R2 (VIDEO CONFERENCING); SRI M.SUBRAMANYA BHAT, ADVCOATE FOR R3 (VIDEO CONFERENCING))

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECRODS; QUASH THE IMPUGNED OFFICIAL MEMORANDUM DTD 7.4.2016 ISSUED BY THE R-2 A COPY OF WHICH IS HEREIN PRODUCED AS ANNEXURE-L INSOFAR AS THE R-3 IS CONCERNED AS BEING ILLEGAL AND VOID AND ETC.,

IN WRIT PETITION No.10101/2015 (S - RES)

BETWEEN

K.S.BASAVA PRABHU S/O K.L.SADASIVAIAH, AGED ABOUT 49 YEARS, WORKING AS ASST. EXECUTIVE ENGINEER (CIVIL), BMWSD, KPTCL, ANANDA RAO CIRCLE, BENGALURU - 560 009 AND RESIDING AT NO. 49, "HARA - GIRI", 10TH A CROSS, PRASHANTHA NAGAR, BENGALURU - 79.

... PETITIONER (BY SRI SUBRAMANYA BHAT M., FOR M/S SUBBA RAO & CO., ADVOCATES (VIDEO CONFERENCING))

AND

1. THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, REPRESENTED BY THE MANAGING DIRECTOR, CORPORATE OFFICE, KAVERI BHAVAN, BENGALURU - 09.

2. THE DIRECTOR (ADMN. & HRD) KPTCL, KAVERI BHAVAN, BENGALURU - 560 009.

3. SRI. SOMANNA N., AGED 57 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (CIVIL), OFFICE OF THE SUPERINTENDING ENGINEER (ELCL) CIRCLE OFFICE, BESCOM, TUMAKURU.

4. SRI NINGAIAH S., AGED ABOUT 57 YEARS, ASSISTANT EXECUTIVE ENGINEER (CIVIL) ON DEPUTATION TO BBMP OFFICE, VIJAYANAGAR, BENGALURU.

5. SRI LAKSHMINARAYANA REDDY K., AGED ABOUT 55 YEARS, ASSISTANT EXECUTIVE ENGINEER (CIVIL), MAJOR WORKS DIVISION, KPTCL, GANDHINAGAR, BELLARY.

6. SRI NAGARAJA D., AGED ABOUT 59 YEARS, ASSISTANT EXECUTIVE ENGINEER (CIVIL), O & M CIRCLE, HESCOM, NAVANAGAR, HUBBALLI.

7. SRI RAMESHA AGED ABOUT 54 YEARS, ASSISTANT EXECUTIVE ENGINEER (CIVIL), CORPORATE OFFICE, CESCOM, MYSURU.

... RESPONDENTS

(BY SRI C.K.SUBRAMANYA, ADVOCATE FOR SRI B.C.PRABHAKAR, ADVOCATE FOR R1 AND R2;

SRI K.V.GIRISH, ADVOCATE FOR R3, R5 AND R7; R4 AND R6 ARE SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER; QUASH THE SENIORITY LIST ISSUED VIDE OFFICIAL MEMORANDUM DTD.28.5.2014 ISSUED BY THE R-2 (ANNEX-C), IN SO FAR AS THE SAME PERTAINS TO THE PETITIONER AND R-3 TO 7 ARE CONCERNED.

IN WRIT PETITION No.23677/2016 (S - RES)

BETWEEN

K.S.BASAVA PRABHU, S/O K.L.SADASHIVAIH, AGED ABOUT 51 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (CIVIL), (ON DEPUTATION), KSPDCL, BEEJARAJA SEEDS COMPLEX, 2ND FLOOR, BALLARY ROAD, HEBBALA, BENGALURU - 560 024, AND RESIDING AT NO.49, "HARA-GIRI", 10TH A CROSS, PRASHANTHA NAGAR, BENGALURU - 79.

... PETITIONER (BY SRI SUBRAMANYA BHAT M., FOR M/S SUBBA RAO & CO., ADVOCATES (VIDEO CONFERENCING))

AND

1. THE KARNATAKA POWER TRASMISSION CORPORATION LIMITED, REPRESENTED BY THE MANAGING DIRECTOR, CORPORATE OFFICE, KAVERI BHAVAN, BENGALURU - 09.

2. THE DIRECTOR (ADMN. & HRD), KPTCL, KAVERI BHAVAN, BENGALURU - 560 009.

3. SRI H.T.SREESHAILKUMAR FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGED 56 YEARS, WORKING AS EXECUTIVE ENGINEER (CIVIL), CORPORATE OFFICE GESCOM, KALABURGI - 585 101.

4. SRI LOKANATH M.N., FATHER'S NAME NOT KNOW TO THE PETITIOER, AGED ABOUT 55 YEARS, ASSISTANT EXECUTIVE ENGINEER (CIVIL), MAJOR WORKS SUB-DIVISION, KPTCL, MANGALURU.

5. SRI KENDE GOWDA H.L., FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 56 YEARS, ASSISTANT EXECUTIVE ENGIEER (CIVIL), TRANSMISSION ZONE, KPTCL, MYSURU - 570 001.

6. SRI. SHANAKARANARAYANA D V

FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 56 YEARS, ASSISTANT EXECUTIVE ENGINEER (CIVIL), OFFICE OF THE SE(CIVIL), CORPORATE OFFICE, KPTCL, KAVERY BHAVAN, BENGALURU - 09.

7. SRI VISHWANATH H.G., FATHER'S NAME OT KNOWN TO THE PETITIONER, AGED ABOUT 54 YEARS, ASSISTANT EXECUTIVE ENGINEER (CIVIL), TRANSMISSION (W&M) CIRCLE, KPTCL, SHIVAMOGGA.

8. SRI M.G.HALASWAMY FATHER'S NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 57 YEARS, ASSISTANT EXECUTIVE ENGINEER (CIVIL), MAJOR WORKS NORTH DIVISION, KPTCL, ANANDA RAO CIRCLE, BENGALURU - 09.

9. SRI NAGABHUSHANA H.S., FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 58 YEARS, ASSISTANT EXECUTIVE ENGINEER (CIVIL), CIVIL SECTION, WORKS CIRCLE, KPTCL, MYSURU - 570 009.

10. SRI. B V NAGARAJ FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 52 YEARS, ASSISTANT EXECUTIVE ENGINEER (CIVIL), BRAZ OFFICE, BESCOM,

BENGALURU - 560 001.

11. SRI T.G.RAMAKRISHNA FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 50 YEARS, ASSISTANT EXECUTIVE ENGINEER (CIVIL), TRANSMISSION (MAINTAINANCE), BRAZ, KPTCL, KENGERI, BENGALURU - 560 060.

12. SRI. P. MANJUNATH FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 49 YEARS, ASSISTANT EXECUTIVE ENGINEER (CIVIL), CIRCLE OFFICE (NORTH), BESCOM, K.R.CIRCLE, BENGALURU - 560 001.

... RESPONDENTS

(BY SRI B.C.PRABHAKAR, ADVOCATE FOR R1 AND R2; SRI M.RAGHAVENDRA ACHAR, ADVOCATE FOR R3, R4, R5 R7 AND R8;

SRI S.B.MUKKANNAPPA, ADVOCATE FOR R9 TO R12; R6 SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

1. ENDORSEMENT AND OFFICIAL MEMORANDUM DT.7.4.2016 (ANNX-M) ISSUED BY THE R-2; 2.NOTIFICATION DT.15.4.2016 ISSUED BY THE R-2 (ANNX-N) AND ETC.,

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioners in these writ petitions have called in

question the seniority list obtaining in the cadre of Assistant

Executive Engineers (Graduates) in the Karnataka Power

Transmission Corporation Limited (hereinafter referred to as

'the Corporation' for short). The seniority that is called in

question is of the years 2014 and 2016.

2. Pursuant to the judgment of the Apex Court in the

case of B.K. PAVITRA AND OTHERS VS. UNION OF INDIA

AND OTHERS - (B.K. Pavitra-I) rendered on 09.02.2017, a

seniority list was notified by the Corporation, which again

underwent a change after the State Government having

promulgated a validating Act i.e., The Reservation Act 2018 -

Reservations (to the Posts in the Civil Services of the State)

Act, 2018, the same is affirmed by the Apex Court in the case

of B.K. PAVITRA AND OTHERS VS. THE UNION OF INDIA

AND OTHERS - (B.K. Pavitra-II) rendered on 10.5.2019,

pursuant to which the Corporation has now notified a

provisional seniority list.

3. In the light of the subsequent development of

notifying a provisional seniority list pursuant to the judgment

of the Apex Court in the B.K.Pavithra - II, the seniority list

that are under challenge in these writ petitions would no

longer survive. Therefore, liberty is reserved to the

petitioners to challenge the seniority list that is to be notified

by the Corporation, pursuant to the provisional seniority list

notified.

4. All contentions of the parties raised in the petitions

and the objections are kept open.

5. The petitioners have also questioned the Official

Memoranda dated 07.04.2016 and 28.05.2014, issued by the

Corporation declining to refix the seniority.

6. In view of the liberty given to the petitioners to

challenge the subsequent seniority list, the challenge to the

aforesaid Official Memoranda dated 07.04.2016 and

28.05.2014, would also subsist and therefore, the petitioners

are reserved liberty to question the same in the challenge that

would be raised on the seniority list that is to be notified by

the Corporation. Therefore, the writ petitions are disposed.

Sd/-

JUDGE

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