IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 22532/2019 (S-TR) C/W WRIT PETITION NOS. 25141/2019, 24632/2019, 22581/2019 (S-TR) IN W.P. NO. 22532/2019:
BETWEEN:
SMT. AMEENA AYESHA, W/O MUDABBIR AHMED SHARIFF, AGED ABOUT 34 YEARS, JUNIOR ENGINEER (ELE), OFFICE OF THE CHIEF ENGINEER, ELECTRICAL DESIGNS, KARNATAKA POWER CORPORATION LTD., CORPORATE OFFICE, SUDARSHAN COMPLEX, SUBEDAR CHANTRAM ROAD, BANGALORE - 560 009. AND RESIDING AT NO. 347, EZIKEL LAYOUT, NAGAVARA MAIN ROAD, BANGALORE - 45.
(BY SRI. SUBRAMANYA BHAT M, ADVOCATE) AND:
1. KARNATAKA POWER CORPORATION LTD., CORPORATE OFFICE, SHAKTI BHAVAN RACE COURSE ROAD BANGALORE - 560 007 … PETITIONER REPRESENTED BY THE MANAGING DIRECTOR 2. THE MANAGING DIRECTOR KARNATAKA POWER CORPORATION CORPORATE OFFICE, SHAKTI BHAVAN RACE COURSE ROAD, BANGALORE - 560 007 … RESPONDENTS (BY SRI. PRAMOD NARI, ADVOCATE FOR R1 & R2) 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 AND QUASH THE MEMO DATED 23.05.2018 ISSUED BY THE R-2, PRODUCED AT ANNX-C, AS THE SAME IS VIOLATIVE OF THE TRANSFER GUIDELINES DATED 15.02.2018 ISSUED BY THE R-2 AND ETC., IN W.P. NO. 25141/2019:
BETWEEN:
SMT. SUMA H, W/O B M MAHESH, AGED ABOUT 42 YEARS, NO.530, IST C CROSS, 3RD STAGE, 4TH BLOCK, BASAVESHWARANAGARA, BENGALURU-560079.
(BY SRI. B A BELLIAPPA, ADVOCATE) AND:
1. KARNATAKA POWER CORPORATION LTD CORPORATE OFFICE, SHAKTI BHAVAN, RACE COURSE ROAD, BANGALORE-560007. REPRESENTED BY THE MANAGING DIRECTOR.
2. THE MANAGING DIRECTOR 3, KARNATAKA POWER CORPORATION, CORPORATE OFFICE, SHAKTI BHAVAN, RACE COURSE ROAD, BANGALORE-560007.
… PETITIONER … RESPONDENTS (BY SRI. PRAMOD NAIR, ADVOCATE FOR C/R1 & R2) 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 AND QUASH MEMO DATED 23.05.2019 ISSUED BY THE R-2 PRODUCED AT ANNEXURE-C AS THE SAME IS VIOLATIVE OF THE TRANSFER GUIDELINES DATED 15.02.2018 ISSUED BY THE R-2 VIDE ANNEXURE- B AND THE MEMO DATED 30.05.2019 RELIEVING THE PETITIONER FROM SE(E) SHIVA AT ANNEXURE-D.
IN W.P. NO. 24632/2019:
BETWEEN:
SRI. N. HAREESH, S/O. LATE. DR. B NARENDRANATH, AGED 52 YEARS, WORKING AS EXECUTIVE ENGINEER (I) (UPGRADED), EMPLOYEE CODE 05-2401), YELAHANKA COMBINED CYCLE POWER PLANT (YCCPP), KPCL, BENGALURU 560064.
R/AT NO. 303 NORTH, INNOVATIVE NATURA APARTMENT, VINAYAKA LAYOUT, PUTTENAHALLI, YELAHANKA, BENGLAURU 560064.
… PETITIONER (BY SRI. K ABHINAV ANAND, ADVOCATE) AND:
1. KARNATAKA POWER CORPORATION LIMITED (KPCL) REGISTERED OFFICE AT NO. 82, SHAKTHI BHAVAN, RACE COURSE ROAD, BENGALURU 560001.
REP BY ITS MANAGING DIRECTOR.
2. THE CHIEF ENGINEER (GSW) KARNAAKA POWER CORPORATION LIMITED, YCCPP, DODDABALLAPURA ROAD, YELAHANKA, BENGLAURU 560064.
3. THE SUPERINTENDENT ENGINEER (E) Y KARNAAKA POWER CORPORATION LIMITED, YCCPP, DODDABALLAPURA ROAD, YELAHANKA, BENGLAURU 560064 … RESPONDENTS (BY SRI. PRAMOD NAIR, ADVOCATE FOR R1 &R2;R3 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF TRANSFER DATED 23.05.2019 WHEREIN THE PETITIONER IS TRANSFERRED FROM YCCPP, YELAHANKA, BENGALURU TO YTPS, RAICHUR, AS PER ANNX-H PASSED BY THE R-1, IN SO FAR AS THE PETITIONER IS CONCERNED, THROUGH ISSUANCE OF WRIT OF CERTIORARI AND ETC., IN W.P. NO. 22581/2019:
BETWEEN:
SMT SAVITHA B E, WIFE OF RAJESH R, AGEDA BOUT 37 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE CHIEF ENGINEER (GSW), KARNATAKA POWER CORPORATION LIMITED, YCCP, YELAHANKA, BENGALURU-560 064.
… PETITIONER (BY SRI. FAYAZ SAB B G, ADVOCATE) AND:
1. KARNATAKA POWER CORPORATION LIMITED (KPCL) REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE AT NO.82, SHAKTHI BHAVAN, OPPOSITE KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001.
2. THE CHIEF ENGINEER (GSW), KARNATAKA POWER CORPORATION LIMITED, YCCP, DODDABALLAPURA ROAD, YELAHANKA, BENGALURU-560 064.
… RESPONDENTS (BY SRI. PRAMOD NAIR, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND QUASH THE IMPUGNED ORDER OF TRANSFER DATED 23.05.2019 WHEREIN TRANSFER THE PETITIONER FROM YCCP, YELAHANKA, BENGALURU TO YTPS, RAICHUR ISSUED BY R-1 WHICH IS 400 KM AWAY FROM THE PRESENT PLACE OF WORKING WITH A MALAFIED INTENTION TO HARASS THIS PETITIONER, WHICH IS PRODUCED HEREWITH FOR THE KIND PERUSAL AND MARKED AS ANNX-F AS ILLEGAL, ARBITRARY, DISCRIMINATORY AND OPPOSE TO THE PRINCIPLES OF NATURAL JUSTICE AND WITHOUT APPLICATION OF MIND AND THE SAME ARE PASSED WITHOUT AUTHORITY OF LAW AND ETC., THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The subject matter of these writ petitions is substantially covered by the Division Bench judgment of this Court dated 18.09.2019 in W.A.No.2749/2019 (S-TR) between KPTCL & ANOTHER Vs. SUMA H.
2. Despite endeavors being made by the learned counsel appearing for the respondents, no case is made out for carving out an explanation to the pith & substance of the judgment in question and there reprieve needs to be granted to the petitioner on the principle of parity there being no repugnant factors.
In the above circumstances, these writ petitions are disposed off reserving liberty to the petitioners to make an appropriate representation to the respondent-employer in terms of Apex Court decision in the case of B VARADHA RAO VS. STATE OF KARNATAKA & OTHERS, AIR 1986 SC 1955.
If such a representation is made, the respondent being the model employer, shall consider and inform result of such consideration to the petitioners within a period of four weeks.
If the said consideration does not take place within the prescribed period, then the petitioners shall be restored to the original position till such consideration takes place.
All contentions of the parties are kept open. No costs, now.
Sd/- JUDGE Bsv