Karnataka Power Transmission ... vs Sri Kishore Kumar
2022 Latest Caselaw 4031 Kant

                            1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 9TH DAY OF MARCH 2022

                        PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

               W.A. No.970 OF 2021 (S-RES)
                           IN
              W.P. No.22945 OF 2019 (S-RES)
BETWEEN:

1.     KARNATAKA POWER TRANSMISSION CORPORATION LTD
       A COMPANY INCORPORATED UNDER
       THE PROVISIONS OF THE COMPANIES
       ACT, 1956, HAVING ITS CORPORATE
       OFFICE AT CAUVERY BHAVAN
       BENGALURU-56009
       REP. BY ITS MANAGING DIRECTOR.

2.     THE DIRECTOR (ADMN & HRD)
       KARNATAKA POWER TRANSMISSION
       CORPORATION LTD.,
       CORPORATE OFFICE, CAUVERY BHAVAN
       BENGALURU-560009.

3.     BANGALORE ELECTRICITY SUPPLY COMPANY
       A COMPANY INCORPORATED UNDER THE
       PROVISIONS OF THE COMPANIES ACT, 1956
       HAVING ITS CORPORATE OFFICE AT
       K.R. CIRCLE, BANGALORE-560001
       REP. BY GENERAL MANAGER (A & HR).
                                               ... APPELLANTS

(BY MR. SRIRANGA, SR. COUNSEL A/W
    MS. ANUPAMA SPOORTHI, ADV., FOR
  MRS. SUMANA NAGANAND, ADV.,)
                                  2



AND:

1.   SRI. KISHORE KUMAR
     S/O SRI. VENKATESH T
     AGED ABOUT 28 YEARS
     RESIDING AT BESTARA BEEDI
     MARKET ROAD, KURUBARAPETE
     HOSKOTE TOWN, BANGALORE - 562114.

2.   KUM. JAHNAVI .S
     C/O GENERAL MANAGER (ADMN AND HR)
     BESCOM, CORPORATE OFFICE
     K R CIRCLE, BENGALURU - 560001.

                                                ... RESPONDENTS
(BY MR. N. DEVARAJ, C/R1)
                                ---

        THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED IN
THE WRIT PETITION NO.22945/2019 (S-RES) DATED 13.07.2021.


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


                           JUDGMENT

This intra court appeal has been filed against the order

dated 13.07.2021 passed by learned Single Judge in

W.P.No.22945/2019.

2. Learned counsel for respondent No.1 fairly stated

that he had challenged the notification dated 25.05.2019

insofar as it pertains to respondent No.2.

3. We have heard the learned counsel for the parties at

length. After hearing learned counsel for the parties and

taking into account the nature of controversy involved, the

order dated 13.07.2021 passed by the learned Single Judge

is modified and the writ petition is disposed of with the

following directions:

(i) The endorsement dated 08.04.2019 bearing

NoB.BeveKome/BC50/Pra.Vya.(Aa&MaSome/2518/

2018-19/39-40 is quashed.

(ii) The Notification dated 25.05.2019 insofar as

it pertains to only respondent No.2 is concerned is

hereby quashed.

(iii) The appellant No.1 shall consider the

candidature of the respondent No.1 for the post of

Assistant Engineer (Electrical) under category 2A

(General) within a period of 12 weeks from the

date of receipt of copy of this order.

(iv) The appellant shall complete the scrutiny of

documents at its level within a period of four

weeks and thereafter, refer the documents

submitted by respondent No.1 for verification to

the State Government.

To the aforesaid extent, the order passed by learned

Single Judge is modified.

Accordingly, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

SS