Karnataka High Court
Mr. Jagadish Kumar vs The Managing Director Ksrtc on 18 July, 2023
Bench: K S Hemalekha
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NC: 2023:KHC:25091
WP No. 12928 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.12928 OF 2022 (S-KSRTC)
BETWEEN:
MR. JAGADISH KUMAR
AGED ABOUT 54 YEARS,
S/O. SRI RAJAPPA,
PRESENTLY WORKING AS PRINCIPAL,
REGIONAL TRAINING CENTRE,
KSRTC HASSAN DIVISION,
HASSAN - 573 202.
R/AT LAKSHMI NIVASA,
50 FEET ROAD, VISHWESHVARAIAH LAYOUT,
RING ROAD, HASSAN - 573 202. ... PETITIONER
(BY SRI NAIK V.S., ADVOCATE)
AND:
1. THE MANAGING DIRECTOR
KSRTC, CENTRAL OFFICES,
K.H. ROAD,
BENGALURU - 560 027.
Digitally signed
by SHYAMALA 2. THE CHIEF PERSONNEL MANAGER
Location: HIGH KSRTC, CENTRAL OFFICES,
COURT OF K.H. ROAD,
KARNATAKA BENGALURU - 560 027. ... RESPONDENTS
(BY SMT. H.R. RENUKA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
ENTIRE RECORDS FROM THE RESPONDENTS PERTAINING TO
ANNEXURE-B AND GRANT THE PETITIONER FOLLOWING RELIEFS;
QUASH GENERAL ESTABLISHMENT ORDER DATED 24.06.2022 THE
TRUE COPY OF WHICH IS MARKED AS ANNEXURE-B ISSUED BY THE
SECOND RESPONDENT UNDER THE ORDER OF FIRST RESPONDENT
IN SO FAR IT RELATES TO THE PETITIONER SINCE THE SAME IS
UNJUST, ARBITRARY AND ILLEGAL AND ETC.
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NC: 2023:KHC:25091
WP No. 12928 of 2022
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is seeking for the following prayers:
"a. Issue a writ of certiorari or any other
appropriate writ, or direction quashing General
Establishment Order Vide Ref.
No.PÀgÁ¸À/PÉÃPÀ/¹§âA¢/¹5/269/376/2022-23 dated
24.06.2022 the true copy of which is marked
as Annexure-B issued by the second
respondent under the order of first respondent
in so far it relates to the petitioner since the
same is unjust, arbitrary and illegal.
b. Issue a writ of mandamus or any other
appropriate writ, or direction the first
Respondent to continue the Petitioner to work
as Principal, Regional Training Centre, KSRTC
Hassan.
c. Grant such other relief or reliefs as deemed
necessary to meet the ends of justice."
2. Learned counsel on both sides submit that the
writ petition is covered by the judgment of the Division
Bench of this Court in W.A.No.2369/2019 and
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WP No. 12928 of 2022
connected matters disposed of on 13.04.2023. The
issues involved in this writ petition were considered by the
Division Bench of this Court by framing the following
issues:
"(i) Whether challenge to clause 3 of
Government order dated 05.08.2000 issued under
Section 34 of the Act is barred on the principles of
res judicata or on principles analogous thereto?
(ii) Whether the order dated 23.07.2015 is
an order of deputation or an order of transfer?
(iii) Whether clause 3 of the Government
order dated 05.08.2000 issued under Section 34 of
the Act is valid?
(iv) Whether the employees who had
accepted their deputation and promotion in other
Corporations earlier, can be permitted now to assail
the order of deputation?
(v) Alternatively, whether deemed consent
for deputation can be inferred from the conduct of
the employees?"
3. Issue No.4, i.e., "Whether the employees who
had accepted their deputation and promotion in other
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WP No. 12928 of 2022
Corporations earlier, can be permitted now to assail the
order of deputation?" was answered in the negative
holding that, the employees who have accepted their
deputation and promotion in other Corporations earlier
cannot be permitted now to assail the order of deputation.
Since the issue involved in this petition is being considered
by the Division Bench of this Court, the present petition
deserves to be disposed of in terms of the order passed by
the Division Bench of this Court in W.A.No.2369/2019
and connected matters stated supra. Accordingly, this
Court pass the following:
ORDER
(i) Writ Petition is dismissed.
(ii) The impugned order passed by respondent No.2 -
Corporation dated 24.06.2022 at Annexure - B is
hereby confirmed.
Sd/-
JUDGE
S*
