Sri. C S Mahesh vs Karnataka Power Transmission ...
2021 Latest Caselaw 5108 Kant

                           1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 30TH DAY OF NOVEMBER, 2021

                      PRESENT

         THE HON'BLE MR.JUSTICE ALOK ARADHE
                       AND

  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

          WRIT APPEAL NO.1150/2021 (S-TR)
BETWEEN:

SRI. C.S. MAHESH,
S/O. SHIVAMADHU,
AGED ABOUT 41 YEARS,
WORKING AS ASSISTANT EXECUTIVE ENGINEER
(ELECTRICAL), MAJOR WORKS SUB DIVISION,
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
MANDYA - 571 401.                       ... APPELLANT

(BY SRI. M.S. BHAGWAT, SR. COUNSEL FOR
    SRI. ADITHYA R CHAKRAGIRI, ADV.)

AND:

1.    KARNATAKA POWER TRANSMISSION
      CORPORATION LIMITED, REPRESENTED
      BY ITS MANAGING DIRECTOR,
      HEAD OFFICE, CAUVERY BHAVAN,
      K.G. ROAD, BANGALORE - 560 009.

2.    THE DIRECTOR, (ADMINISTRATION
      AND HUMAN RESOURCES),
      KARNATAKA POWER TRANSMISSION
      CORPORATION LIMITED,
      HEAD OFFICE, CAUVERY BHAVAN,
                            2



     K.G. ROAD, BANGALORE - 560 002.

3.   SRI. SAIFULLA M.,
     FATHER'S NAME NOT KNOWN
     TO THE APPELLANT, MAJOR,
     WORKING AS ASSISTANT EXECUTIVE
     ENGINEER (ELECTRICAL), KARNATAKA
     POWER TRANSMISSION CORPORATION
     LIMITED, HEAD OFFICE,
     CAUVERY BHAVAN, K.G. ROAD,
     BANGALORE - 560 009.
                                           ... RESPONDENTS
(BY SRI. S.V. SHASTRI, ADVOCATE FOR C/R3
    SRI. SRIRANGA ADVOCATE FOR R1 & R2)

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO 1.SET ASIDE THE IMPUGNED
JUDGMENT AND ORDER DATED 21.09.2021 PASSED BY THE
LEARNED SINGLE JUDGE IN W.P. NO. 11708/2021 AND
CONSEQUENTLY ALLOW THE WRIT PETITION FILED BY THE
APPELLANT AS PRAYED FOR BY THE APPELLANT BEFORE THE
LEARNED SINGLE JUDGE AND ETC.,

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, THIS DAY, ALOK ARADHE J., DELIVERED THE
FOLLOWING:

                      JUDGEMENT

Sri M.S. Bhagwat, learned Senior counsel for Sri

Adithya R. Chakragiri, learned counsel for the appellant.

Sri S.V. Shastri, learned counsel for C/R3. Sri Sriranga,

learned counsel for R1 and R2.

2. This appeal has been filed against the order

dated 21.09.2021 passed by the learned Single Judge by

which the writ petition preferred by the appellant in which

challenge was made to the official memorandum dated

28.6.2021 has been dismissed.

3. From the perusal of the order of the learned

Single Judge and after hearing the learned counsel for the

parties, it is evident that the grievance of the

appellant/petitioner pertains to modification of the order of

transfer issued vide order dated 28.6.2021. Admittedly,

during the pendency of this appeal, appellant by an order

dated 6.11.2021 has been transferred and has been

posted as an Assistant Executive Engineer in

Chamarajanagara, Major Works, N.R. Mohalla, Mysuru.

      4.        It        is   also   not     in    dispute    that   the

petitioner/appellant            joined at the aforesaid place under

protest. In view of the aforesaid subsequent development

which has been taken place during the pendency of the

appeal, nothing survives for consideration in the instant

appeal. It is needless to state that the appellant shall be

at liberty to challenge the order dated 6.11.2021, if so

advised and all the contentions are kept open to be

agitated in case, the order dated 6.11.21 is challenged. It

is also needless to state that the order of the learned

Single Judge shall be no assistance to the parties as the

appellant has fresh cause of action to approach the Court

to assail the validity of the order dated 6.11.2021.

With the aforesaid liberty, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

BS