Citation : 2026 Latest Caselaw 900 Kant
Judgement Date : 5 February, 2026
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NC: 2026:KHC:6793
WP No. 17614 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 17614 OF 2021 (S-PRO)
BETWEEN:
1. HANUMANTHARAYA B N
S/O SRI NARAYANA REDDY
AGED ABOUT 35 YEARS
WORKING AS STATION ATTENDANT GRADE-1
66/11 KV STATION, KPTCL
RAMPURA - 577 540
CHITRADURGA DISTRICT.
2. MUTHANNA SHIRAHATTI
S/O SRI GANIBASAPPA
AGED ABOUT 45 YEARS
WORKING AS STATION ATTENDANT GRADE-1
400 KV STATION, KPTCL
GUTTUR 577 601
HARIHARA TALUK
DAVANAGERE DISTRICT.
Digitally signed by
MALATHI
CHALUVA IYENGAR 3. D. THIPPESWAMY
Location: HIGH
COURTOF S/O SRI DASANNA
KARNATAKA AGED ABOUT 44 YEARS
WORKING AS STATION ATTENDANT GRADE-1
66/11 KV STATION, KPTCL
MUTHOD - 577 527
HOSADURGA TALUK
CHITRADURGA DISTRICT.
4. NAGARAJ S
S/O SRI SURYANAYAK
AGED ABOUT 33 YEARS
WORKING AS STATION ATTENDANT GRADE-1
66/11 KV STATION, KPTCL
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NC: 2026:KHC:6793
WP No. 17614 of 2021
HC-KAR
HONNALLI - 577 217
SHIVAMOGGA DISTRICT.
...PETITIONERS
(BY SRI. SRINIVASA K., ADVOCATE)
AND:
1. THE DIRECTOR
(A AND HR), KPTCL
KAVERI BHAVANA
BANGALORE - 560 009.
2. SUPERINTENDING ENGINEER (ELE)
TRANSMISSION (W AND M) CIRCLE
KPTCL, HADADI ROAD
DAVANAGERE - 577 002.
3. EXECUTIVE ENGINEER (ELE)
T.L AND S.S. DIVISION
KPTCL, VIDYANAGAR
DAVANAGERE - 577 002.
...RESPONDENTS
(BY SMT. SHUBHA S., ADVOCATE FOR R1 TO R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED OFFICIAL MEMORANDUM DTD 25.10.2019,
BEARING NO.PÁ¤EA(«)/¥ÀæªÀiÁGPÉÃA«/¯ÉC/¸À¯ÉC/»¸À1/PÀ-51 VIDE
ANNEXURE-F TO THE WRIT PETITION AND CONSEQUENTLY
DIRECT THE RESPONDENTS TO RESTORE THE PROMOTIONS
OF THE PETITIONERS TO THE CADRE OF STATION MECHANIC
GRADE-2 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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NC: 2026:KHC:6793
WP No. 17614 of 2021
HC-KAR
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In this writ petition, the petitioners have called in
question the official memorandum dated 25.10.2019
passed by respondent No.3 vide Annexure-F, whereby the
respondents had withdrawn the promotion given to the
petitioners thereby demoting them from the cadre of
Station Mechanic Grade-2 to Station Attendant Grade-1.
2. The brief facts of the case of the petitioners are that
they were appointed to the post of Station Attendant
Grade-2 on 30.01.2008 in the respondent-Institution. In
the year 2013-14, the petitioners were promoted to the
next cadre of Station Attendant Grade-1. Subsequently, on
04.03.2014, based on their merit and seniority, they were
further promoted to the cadre of Station Mechanic Grade-
2. However, by the impugned order dated 25.10.2019,
vide Annexure-F, respondent No.3, without any
justification and without issuing any notice or affording an
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HC-KAR
opportunity of being hearing, withdrew the promotions
granted to the petitioners and reverted them from the
cadre of Station Mechanic Grade-2 to the cadre of Station
Attendant Grade-1 on the ground that their promotions
were contrary to the C & R Rules of the Corporation. Being
aggrieved by the same, the petitioners are before this
Court.
3. Learned counsel appearing for the petitioners has
submitted that the impugned order at Annexure-F has
been passed without issuing any notice to the petitioners.
The petitioners were promoted to the post of Station
Mechanic Grade-2 in the year 2013-14 and have been
working in the said promoted post since then. After a lapse
of six years, the impugned order has been passed
reverting the petitioners to the post of Station Attendant
Grade-1, that too without issuing any notice, thereby
violating the principles of natural justice. It is further
submitted that the respondent-Institution cannot disturb
the service of an employee who has been promoted and
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has worked for more than five years in the promoted post.
He further submitted that no seniority list has been issued
subsequent to the promotion of the petitioners to the
cadre of Station Mechanic Grade-2. Hence, he sought for
allowing the writ petition.
4. Learned counsel appearing for the respondents has
submitted that as per the C & R Rules of the Corporation,
the method of recruitment to the post of Station Mechanic
Grade-2 is by way of promotion from the cadre of Station
Attendant Grade-I on the basis of seniority-cum-merit.
Due to an oversight, the petitioners were promoted to the
post of Station Mechanic Grade-2 in the year 2013-14
solely on the basis of seniority. Thereafter, certain
employees submitted representations with respect to the
said promotion. Upon verification of the same, the
competent authority came to the conclusion that the
promotions granted to the petitioners were contrary to the
C & R Rules. Accordingly, a separate seniority list was
issued in accordance with the C & R Rules and objections
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were also invited. As no objections were filed by any
person, the final seniority list was implemented. In view of
the same, the impugned order at Annexure-F was passed.
Consequently, the petitioners are now working as Station
Attendant Grade-1. Therefore, there is no error or illegality
in the order passed by the respondents. Hence, he sought
for dismissal of the writ petition.
5. Heard the learned counsel for the parties. Perused
writ petition papers.
6. It is not in dispute that the petitioners were
promoted to the post of Station Mechanic Grade-2 in the
year 2013. As per the C & R Rules of the Corporation, the
method of recruitment to the post of Station Mechanic
Grade-2 is that 75% of the posts are to be filled by
promotion from the Category 'H' on the basis of Seniority-
cum-merit.
7. The specific case of the respondents is that while
promoting the petitioners to the post of Station Mechanic
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Grade-2, the authority considered the promotions only on
the basis of seniority. Subsequently, the authority realized
that the C & R Rules prescribe promotion on the basis of
seniority-cum-merit. Therefore, a fresh seniority list was
issued and the impugned order at Annexure-F was passed,
reverting the petitioners from the post of Station Mechanic
Grade-2 to the post of Station Attendant Grade-1.
8. The impugned order at Annexure-F, whereby the
petitioners have been reverted from the post of Station
Mechanic Grade-2 to the post of Station Attendant Grade-
1, has been passed without affording any notice or
opportunity of being heard to the petitioners. The same is,
therefore, in violation of the principles of natural justice
and is liable to be quashed on this ground alone.
9. Hence, following order is passed:
ORDER
a) The writ petition is allowed.
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HC-KAR
b) The official memorandum dated 25.10.2019
passed by respondent No.3 vide Annexure-F is
hereby quashed.
c) It is also made clear that the impugned order at
Annexure-F has already been implemented and the
petitioners are presently working as Station
Attendant Grade-1. Therefore, quashing Annexure-F
shall not give any scope to the petitioners to continue
in service as Station Mechanic Grade-2.
d) The respondents are directed to issue notice to
the petitioners, within two weeks from the date of
receipt of a copy of this order.
e) The petitioners are at liberty to submit their
reply to the notice, raising all contentions, including
the issue of seniority.
f) Upon receipt of such reply, the respondents are
directed to consider the same, in accordance with law
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and pass appropriate orders, within four weeks from
the date of submission of the reply.
In view of disposal of the main matter, all pending
applications, if any, are also disposed of.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE
HA List No.: 1 Sl No.: 33
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