IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 13TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NOS.2053-2061 OF 2014 (S-RES) CONNECTED WITH WRIT APPEAL NOS.2282-2290 OF 2014 WRIT APPEAL NOS.2528-2536 OF 2014 WRIT APPEAL NOS.326 OF 2016 AND 4819-4826 OF 2016 IN WRIT APPEAL NOS.2053-2061 OF 2014: BETWEEN:
1. KPTCL GENERAL CATEGORY ASSOCIATION (A BODY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960), HAVING ITS OFFICE AT NO.106, 3RD CROSS, GANDHINAGAR, BENGALURU-560 009, REPRESENTED BY SRI T. M. SHIVA PRAKASH ITS SENIOR VICE-PRESIDENT.
2. SRI RAJOJI RAO, M. L. SON OF LATE LOKOJI RAO, AGED ABOUT 41 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), TECHNICAL SECTION, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, KAVERI BHAVAN, BENGALURU-560 009, AND RESIDING AT FLAT NO.003, COSMOS VILLA , 2ND ‘B’ CROSS ROAD, NEAR SWIMMING POOL, BANASAWADI MAIN ROAD, DODDA BANASAWADI, BENGALURU-560 043.
3. SRI T.M. SHIVAPRAKASH SON OF SOMALINGAIAH T. M., AGED ABOUT 48 YEARS, WORKING AS EXECUTIVE ENGINEER (ELECTRICAL), VIGILANCE CELL, BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED, CRESCENT ROAD, BENGALURU-560 001, RESIDING AT NO.601, ‘SAHANA’, UVCE LAYOUT, BASAVESHWARA NAGAR, BENGALURU-560 079.
4. UMESH HITNAL SON OF JATHAPPA HITNAL, AGED ABOUT 35 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL). LT RATING, KENGERI DIVISION, BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED, KENGERI , BENGALURU-560 060, RESIDING AT NO.194, NEAR BASAVANNA TEMPLE, MADANAYAKANAHALLI, MADAVARA POST, BENGALURU NORTH, BENGALURU-562 123.
5. SRI T.R. DHANANJAYA SON OF RAMAIAH T. S., AGED ABOUT 36 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, (ELECTRICAL), KENGERI DIVISION, BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED, BMTC COMPLEX, KENGERI, BENGALURU-560 060, RESIDING AT BDA NO.436, ‘ASHIRVADA’, 11TH MAIN, 4TH BLOCK, NANDINI LAYOUT, BENGALURU-560 096.
... APPELLANTS (BY SRI M. NAGAPRASANNA, SENIOR COUNSEL FOR SRI K. PUTTEGOWDA, ADVOCATE) AND:
1. THE KPTCL/ESCOM'S SC/ST OFFICERS’ ASSOCIATION, REPRESENTED BY ITS GENERAL SECRETARY, NO1, R.K. PARADISE, I MAIN 2ND CROSS, DASAPPA LAYOUT, 3RD BLOCK, RAMAURTHYNAGAR, BENGALURU-560 016.
2. SRI RAVINDRA M SON OF MALLAPPA, AGED ABOUT 42 YEARS, ASSISTANT EXECUTIVE ENGINEER, KARNATAKA POWER TRANSMISSION, CORPORATION LIMITED, PLANNING SECTION, KAVERI BHAVAN, BENGALURU-560 009.
3. SRI ASHOK HENDAGAR SON OF MARIYAPPA, AGED ABOUT 42 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, NO.4, SUB-DIVISION, BESCOM, PEENYA, BENGALURU-560 058.
4. SRI SIDDARAJU T SON OF THIMMAIAH, AGED ABOUT 35 YEARS, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, BESCOM, BENGALURU SOUTH CIRCLE, BENGALURU-560 001.
5. SRI KRISHNAMURTHY SON OF VENKATESH, AGED ABOUT 44 YEARS, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, RAMANAGARA DIVISION, BESCOM, RAMANAGARA-572 104.
6. SRI SHIVA KUMAR SON OF DEVARAJA, AGED ABOUT 39 YEARS, ASSISTANT EXECUTIVE ENGINEER, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, KAVERI BHAVAN, BENGALURU-560 009.
7. SMT. SUMA NAIK DAUGHTER OF CHANDRA NAIK, AGED ABOUT 42 YEARS, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE CHIEF ENGINEER, SLDC., KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, RACE COURSE CROSS ROAD, BENGALURU-560 020.
8. SRI H. DHANARAJU SON OF N. HOMBALAIAH, AGED ABOUT 43 YEARS, ASSISTANT EXECUTIVE ENGINEER, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, PLANNING SECTION, KAVERI BHAVAN, BENGALURU-560 009.
9. SRI PREM KUMAR M SON OF LATE MARUTHI, AGED ABOUT 41 YEARS, OFFICE OF THE SUPERINTENDING ENGINEER, DAS PROJECT, CORPORATE OFFICE, BESCOM, BENGALURU-560 009.
10. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, VIKASA SOUDHA , BENGALURU-560 001.
11. THE MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION, CORPORATION LIMITED, KAVERY BHAVAN, BENGALURU-560 009.
12. THE DIRECTOR (ADMN & HR) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, KAVERY BHAVAN, BENGALURU-560 009.
13. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001.
14. SRI LOKESH BABU M SON OF LATE MAHADEVA GOWDA, AGED ABOUT 44 YEARS, ASSISTANT EXECUTIVE ENGINEER (ELECL.), S6 SUB-DIVISION, BESCOM, J.P. NAGAR, BENGALURU-560 069.
15. SRI RAJKUMAR S. BIRADAR SON OF SRI SIDDARAMAPPA, AGED ABOUT 41 YEARS, ASSISTANT EXECUTIVE ENGINEER (ELECL.), NORTH CIRCLE OFFICE, BESCOM, N.T. ROAD, BENGALURU-560 002.
16. SRI SALEEM SON OF GHUDUSAB, AGED ABOUT 50 YEARS, ASSISTANT EXECUTIVE ENGINEER, VIGILANCE, CESC., HASSAN-577 201.
17. SRI C. BASAVANNA SON OF CHANNABASAVE GOWDA, AGED ABOUT 43 YEARS, ASSISTANT EXECUTIVE ENGINEER, ELECL., W3 SUB-DIVISION, BESCOM, MAGADI ROAD, BENGALURU-560 023.
18. SRI S. KHADER VALI, SON OF LATE HONNUR SAHEB, AGED ABOUT 47 YEARS, ASSISTANT EXECUTIVE ENGINEER, ELECL., BMAZ CHIEF OFFICE, BESCOM., N.T. ROAD, BENGALURU-560 001.
19. SRI KRISHNA REDDY G.T. SON OF THIPPA REDDY, AGED ABOUT 48 YEARS, ASSISTANT EXECUTIVE ENGINEER, ELECL., OFFICE OF THE CHIEF ENGINEER, ELECL., KPTCL., KAVERI BHAVAN, BENGALURU-560 009.
20. SRI D. THIMMEGOWDA SON OF M.L. THIMMEGOWDA, AGED ABOUT 46 YEARS, ASSISTANT EXECUTIVE ENGINEER, HSR LAYOUT, BENGALURU-560 068.
... RESPONDENTS (BY SRI VIJAY B. BAJENTRI, ADVOCATE FOR R-1 TO R-9; SRI S. S. MAHENDRA, AGA FOR R-10 AND R-13;
SRI V. S. NAIK, ADVOCATE, FOR R-14 TO R-20; R-11 AND R-12 ARE SERVED) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOS.11135-11143 OF 2014 (S) DATED 23.07.2014, AND ETC.
IN WRIT APPEAL NOS.2282-2290 OF 2014: BETWEEN:
DIRECTOR (ADMIN & HR) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL), KAVERI BHAVAN, BENGALURU-560 009.
... APPELLANT (BY SRI S.S. NAGANAND, SENIOR COUNSEL FOR SRI S. SRIRANGA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001.
2. THE STATE OF KARNATAKA GOVERNMENT OF KARNATAKA, SOCIAL WELFARE DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001.
3. THE KPTCL/ESCOM'S SC/ST OFFICERS ASSOCIATION, REPRESENTED BY ITS GENERAL SECRETARY, NO.1, R.K. PARADISE, 1ST MAIN, 2ND CROSS, DASAPPA LAYOUT, 3RD BLOCK, RAMAMURTHY NAGAR, BENGALURU-560 016.
4. SRI RAVINDRA M SON OF SRI MALLAPPA, AGED ABOUT 42 YEARS, ASSISTANT EXECUTIVE ENGINEER, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, PLANNING SECTION, KAVERI BHAVAN, BENGALURU-560 009.
5. SRI ASHOK HENDAGAR SON OF SRI MARIYAPPA, AGED ABOUT 42 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, NO.4, SUB-DIVISION, BESCOM, PEENYA, BENGALURU-560 058.
6. SRI SIDDARAJU T SON OF SRI THIMMAIAH, AGED ABOUT 35 YEARS, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, BESCOM, BENGALURU SOUTH CIRCLE, BENGALURU-560 009.
7. SRI KRISHNAMURTHY SON OF SRI VENKATESH, AGED ABOUT 44 YEARS, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, RAMANAGARA DIVISION, BESCOM, RAMANAGAR-571 511.
8. SRI SHIVA KUMAR SON OF SRI DEVARAJA, AGED ABOUT 39 YEARS, ASSISTANT EXECUTIVE ENGINEER, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, KAVERI BHAVAN, BENGALURU-560 009.
9. SMT. SUMA NAIK DAUGHTER OF SRI CHANDRA NAIK, AGED ABOUT 42 YEARS, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE CHIEF ENGINEER, SLDC, KARNATAKA POWER, TRANSMISSION CORPORATION LIMITED, RACE COURSE CROSS ROAD, BENGALURU-560 002.
10. SRI H. DHANARAJU SON OF SRI N. HOMBALAIAH, AGED ABOUT 43 YEARS, ASSISTANT EXECUTIVE ENGINEER, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, PLANNING SECTION, KAVERI BHAVAN, BENGALURU-560 009.
11. SRI PREM KUMAR M SON OF LATE MARUTHI, AGED ABOUT 41 YEARS, OFFICE OF THE SUPERINTENDING ENGINEER, DAS PROJECT, CORPORATE OFFICE, BESCOM, BENGALURU-560 009.
12. SRI LOKESH BABU M SON OF LATE MAHADEVA GOWDA, AGED ABOUT 44 YEARS, ASSISTANT EXECUTIVE ENGINEER (ELE), S6 SUB-DIVISION, BESCOM, JP NAGAR, BENGALURU-560 078.
13. SRI RAJKUMAR S. BIRADAR SON OF SRI SIDDARAMAPPA, AGED ABOUT 41 YEARS, ASSISTANT EXECUTIVE ENGINEER (ELE), NORTH CIRCLE OFFICE, BESCOM, N.T. ROAD, BENGALURU-560 001.
14. SRI SALEEM SON OF GHUDUSAB, ASSISTANT EXECUTIVE ENGINEER, AGED ABOUT 50 YEARS, VIGILANCE CESC, HASSAN-573 201.
15. SRI C. BASAVANNA SON OF CHANNABASAVE GOWDA, AGED ABOUT 43 YEARS, ASSISTANT EXECUTIVE ENGINEER (ELE), W3 SUB-DIVISION, BESCOM MAGADI ROAD, BENGALURU-560 023.
16. SRI S. KHADER VALI SON OF LATE HONNUR SAHEB, AGED ABOUT 47 YEARS, ASSISTANT EXECUTIVE ENGINEER (ELE), BMAZ CHIEF OFFICE, BESCOM, N.R. ROAD, BENGALURU-560 001.
17. SRI KRISHNA REDDY G.T. SON OF THIPPA REDDY, AGED ABOUT 48 YEARS, ASSISTANT EXECUTIVE ENGINEER (ELE), OFFICE OF THE CHIEF ENGINEER (ELE) KPTCL, KAVERI BHAVAN, BENGALURU-560 009.
18. SRI D. THIMME GOWDA SON OF SRI M.L. THIMME GOWDA, AGED ABOUT 46 YEARS, ASSISTANT EXECUTIVE ENGINEER, HSR LAYOUT, BENGALURU-560 102.
... RESPONDENTS (BY SRI S. S. MAHENDRA, AGA FOR R-1 AND R-2;
SRI VIJAY B. BAJENTRI, ADVOCATE FOR R-3 TO R-11; SRI V. S. NAIK, ADVOCATE, FOR R-12 TO R-18) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOS.11135-11143 OF 2014 (S) DATED 23.07.2014 AND ETC.
IN WRIT APPEAL NOS.2528-2536 OF 2014: BETWEEN:
1. MUNIRAJU P SON OF PUTTEGOWDA, AGED ABOUT 41 YEARS, DINNEPALYA, KOTTIGEGOLLAHALLI POST, TUMAKURU TALUK AND DISTRICT-572 104.
2. B. V. PALANETRA SON OF B. VEERAPPA, AGED ABOUT 40 YEARS, #2, GANGA NILAYA, MPM LAYOUT, MALLATHAHALLI, BENGALURU-560 056.
3. K. B. MUTHULAKSHMI WIFE OF GIRISH M. V., AGED ABOUT 40 YEARS, NO.62, KSHITHIJA, 2ND MAIN 3RD CROSS, KPSC LAYOUT, JNANABHARATHI 2ND STAGE, BENGALURU-560 056.
4. SUDHAMANI S. G.
WIFE OF RAVI KUMAR G. K., FB 1103, GOLDEN GRAND, NH4, TUMAKURU MAIN ROAD, BENGALURU-560 022.
5. MALLIKARJUNAMMA WIFE OF RAMANJANAYA PRASAD, AGED ABOUT 40 YEARS, FB-56, HAL QUARTERS, OLD TOWNSHIP, HAL, BENGALURU.
6. V. K. SHOBA WIFE OF N. SREENATH, AGED ABOUT 39 YEARS, 2AM-709, 2ND A MAIN ROAD, OMBR LAYOUT, DODDABANASAWADI, BENGALURU-560 043.
7. MEENAKUMARI V PATIL DAUGHTER OF V. PATIL, AGED ABOUT 48 YEARS, ASSISTANT EXECUTIVE ENGINEER ELECTRICAL, T & P SECTION, KPTCL, KAVERI BHAVAN, BENGALURU-560 009.
8. M. UMAMAHESWARI WIFE OF C. M. SHYLENDRA KUMAR, AGED ABOUT 42 YEARS, H.NO.42, I BLOCK, NAGARABHAVI 2ND STAGE, BENGALURU-560 072.
9. NARASIMHAMURTHY B. L.
SON OF LATE B. LAKSHMINARASAPPA, AGED ABOUT 40 YEARS, NO.C-10, KEB OFFICERS QUARTERS, INDIRANAGAR, BENGALURU-560 038.
... APPELLANTS (BY SRI REUBEN JACOB, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001.
2. THE MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL), KAVERI BHAVAN, BENGALURU-560 009.
3. THE DIRECTOR (ADMIN & HR) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL), KAVERI BHAVAN, BENGALURU-560 009.
4. THE STATE OF KARNATAKA GOVERNMENT OF KARNATAKA, SOCIAL WELFARE DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001.
5. THE KPTCL/ESCOM’S SC/ST OFFICER’S ASSOCIATION(R), REPRESENTED BY ITS GENERAL SECRETARY, NO.1, R.K. PARADISE, 1ST MAIN, 2ND CROSS, DASAPPA LAYOUT, 3RD BLOCK, RAMAMURTHYNAGAR, BENGALURU-560 016.
6. RAVINDRA M SON OF MALAPPA, AGED ABOUT 42 YEARS, ASSISTANT EXECUTIVE ENGINEER, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, PLANNING SECTION, KAVERI BHAVAN, BENGALURU-560 009.
7. ASHOK HENDAGAR SON OF MARIYAPPA, AGED ABOUT 42 YEARS, ASSISTANT EXECUTIVE ENGINEER, NO.4, SUB-DIVISION, BESCOM, PEENYA, BENGALURU-560 058.
8. SIDDARAJU T SON OF THIMMAIAH, AGED ABOUT 35 YEARS, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, BESCOM, BENGALURU SOUTH CIRCLE, BENGALURU.
9. KRISHNAMURTHY SON OF VENKATESH, AGED ABOUT 44 YEARS, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, RAMANAGARA DIVISION, BESCOM, RAMANAGAR.
10. SHIVA KUMAR SON OF DEVARAJA, AGED ABOUT 39 YEARS, ASSISTANT EXECUTIVE ENGINEER, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, KAVERI BHAVAN, BENGALURU-560 009.
11. SUMA NAIK DAUGHTER OF CHANDRA NAIK, AGED ABOUT 42 YEARS, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE CHIEF ENGINEER, SDC, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, RACE COURSE CROSS ROAD, BENGALURU.
12. H. DHANARAJU SON OF N. HOMBALAIAH, AGED ABOUT 43 YEARS, ASSISTANT EXECUTIVE ENGINEER, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, PLANNING SECTION, KAVERI BHAVAN, BENGALURU-560 009.
13. PREM KUMAR M SON OF LATE MARUTHI, AGED ABOUT 41 YEARS, OFFICE OF THE SUPERINTENDING ENGINEER, DAS PROJECT, CORPORATE OFFICE, BESCOM, BENGALURU-560 009.
... RESPONDENTS (BY SRI S. S. MAHENDRA, AGA FOR R-1 AND R-4; SRI VIJAY B. BAJENTRI, ADV. FOR R-5 TO R-13) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOS.11135-11143 OF 2014 (S) DATED 23.07.2014.
IN WRIT APPEAL NO.326 OF 2016 AND WRIT APPEAL NOS.4819-4826 OF 2016:
BETWEEN:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRL. SECRETARY, ENERGY DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001.
2. THE STATE OF KARNATAKA GOVERNMENT OF KARNATAKA, SOCIAL WELFARE DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001.
... APPELLANTS (BY SRI A. S. PONNANNA, ADDITIONAL ADVOCATE GENERAL, ALONG WITH SMT. ANITHA R., HCGP) AND:
1. THE KPTCL/ESCOM’S SC/ST OFFICER’S ASSOCIATION REPRESENTED BY ITS GENERAL SECRETARY, NO.1 R.K. PARADISE, 1ST MAIN, 2ND CROSS, DASAPPA LAYOUT, 3RD BLOCK, RAMAMURTHY NAGAR, BENGALURU-560 016.
2. SRI RAVINDRA M AGED ABOUT 42 YEARS, SON OF SRI MALLAPPA, ASSISTANT EXECUTIVE ENGINEER, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, PLANNING SECTION, KAVERI BHAVAN, BENGALURU-560 009.
3. SRI ASHOK HENDAGAR AGED ABOUT 42 YEARS, SON OF SRI MARIYAPPA, WORKING AS ASSISTANT EXECUTIVE ENGINEER, NO.4, SUB-DIVISION, BESCOM, PEENYA, BENGALURU-560 058.
4. SRI SIDDARAJU T SON OF SRI THIMMAIAH, AGED ABOUT 35 YEARS, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, BESCOM, BENGALURU SOUTH CIRCLE, BENGALURU-560 009.
5. SRI KRISHNAMURTHY SON OF SRI VENKATAIAH, AGED ABOUT 44 YEARS, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, RAMANAGARA DIVISION, BESCOM, RAMANAGAR.
6. SRI SHIVA KUMAR SON OF SRI DEVARAJA, AGED ABOUT 39 YEARS, ASSISTANT EXECUTIVE ENGINEER, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, KAVERI BHAVAN, BENGALURU-560 009.
7. SMT. SUMA NAIK DAUGHTER OF SRI CHANDRA NAIK, AGED ABOUT 42 YEARS, ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE CHIEF ENGINEER, SLDC, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, RACE COURSE CROSS ROAD, BENGALURU.
8. SRI H. DHANARAJU SON OF SRI N. HOMBAIAH, AGED ABOUT 43 YEARS, ASSISTANT EXECUTIVE ENGINEER, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, PLANNING SECTION, KAVERI BHAVAN, BENGALURU-560 009.
9. SRI PREM KUMAR M SON OF LATE MARUTHI, AGED ABOUT 41 YEARS, OFFICE OF THE SUPERINTENDING ENGINEER, DAS PROJECT, CORPORATE OFFICE, BESCOM, BENGALURU-560 009.
10. THE MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL), KAVERI BHAVAN, BENGALURU-560 009.
11. THE DIRECTOR (ADMIN AND HR) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL), KAVERI BHAVAN, BENGALURU-560 009.
12. SRI LOKESH BABU M SON OF LATE MAHADEVA GOWDA, AGED ABOUT 46 YEARS, A.E.E. (ELE), S6 SUB-DIVISION, BESCOM J.P. NAGAR, BENGALURU.
13. SRI RAJKUMAR S. BIRADAR SON OF SRI SIDDARAMAPPA, AGED ABOUT 43 YEARS, A.E.E. (ELE), NORTH CIRCLE OFFICE, BESCOM NT ROAD, BENGALURU.
14. SRI SALEEM SON OF GHUDUSAB, AGED ABOUT 52 YEARS, A.E.E., VIGILANCE CESC, HASSAN.
15. SRI C. BASAVANNA SON OF CHANNABASAVE GOWDA, AGED ABOUT 45 YEARS, A.E.E. 9 ELE W 3 SUB-DIVISION, BESCOM MAGADI ROAD, BENGALURU-560 023.
16. SRI S. KHADER VALI SON OF LATE HONNUR SAHEB, AGED ABOUT 49 YEARS, A.E.E. (ELE), BMAZ CHIEF OFFICE, BESCOM N.R. ROAD, BENGALURU-560 001.
17. SRI KRISHNA REDDY G.T. SON OF THIPPA REDDY, AGED ABOUT 50 YEARS, A.E.E. (ELE), OFFICE OF THE CHIEF ENGINEER (ELE) KPTCL, KAVERI BHAVAN, BENGALURU-560 009.
18. SRI D. THIMMEGOWDA SON OF SRI M.L. THIMMEGOWDA, AGED ABOUT 48 YEARS, A.E.E. HSR LAYOUT, BENGALURU.
... RESPONDENTS (BY SRI VIJAY V. BAJENTRI, ADV. FOR R-1 TO R-9; SRI S. S. NAGANAND, SENIOR COUNSEL FOR SRI S. SRIRANGA, ADVOCATE FOR R-10 AND R-11; R-12,R-13,R-14,R-15,R-17 & R-18 ARE SERVED AND UNREPRESENTED; NOTICE TO R-16 IS HELD SUFFICIENT, VIDE ORDER DATED 13.03.2019) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOS.11135-11143 OF 2014(S) DATED 23.07.2014 AND ETC.
***** THESE WRIT APPEALS COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Writ appeal Nos.2282 to 2290 of 2014 Aggrieved by the order dated 23-7-2017 passed in writ petition Nos.11135-11143 of 2014 by the learned Single Judge, respondent No.3 has filed these appeals.
2. The primary plea of the appellants’ is that the learned Single Judge has gone beyond the prayer sought for by the writ petitioners. That the prayer sought for by the petitioners was for consideration of their representations dated 26-9-2013, 7-2-2014 and 25-2-2014. However, what has been granted is beyond the said prayer. Therefore, it is submitted that if the petitions are to be considered for the purposes of considering their representations, that would meet the ends of justice.
3. The learned counsel for the respondents disputes the same.
4. Writ appeal No.326 of 2016 is filed by respondent No.1 - the State of Karnataka seeking a similar relief.
5. On hearing learned counsels, we are of the view that the impugned order of the learned Single Judge should have been restricted only to the extent of the prayer sought for. That the relief that is granted to the writ petitioners is on the basis of the report that was sought for. Therefore, on this ground itself, we find it appropriate to allow the writ appeals.
Consequently, writ appeal Nos.2282 to 2290 of 2014 are allowed.
i) The order of the learned Single Judge dated 23-7-2014, passed in writ petition Nos.11135 to 11143 of 2014 is set aside.
ii) The respondent No.2 before the learned Single Judge is directed to consider the representations of the petitioners dated 26-9-2013 , 17-2-2014 and 25-2-2014 in accordance with and in a manner known to law within a period of eight weeks from the date of receipt of a copy of this order.
Writ Appeal Nos.2053 to 2061 of 2014 6. Writ Appeal Nos.2053 to 2061 of 2014 are filed by the appellants who plead that their right stands vitiated by the order of the learned Single Judge in writ petition Nos.11135-11143 of 2014 dated 23-7-2014. Since the order passed in the said writ petitions has been set aside today in the connected writ appeal Nos. 2282 to 2290 of 2014, these appeals are disposed off as being unnecessary.
Writ Appeal Nos.2528 to 2536 of 2014 7. Writ Appeal Nos.2528 to 2536 of 2014 are filed by the appellants who are not parties in the writ petitions. They plead that their right stands vitiated by the order of the learned Single Judge passed in writ petition Nos.11135-11143 of 2014 dated 23-7-2014. Since the order passed in the said writ petitions has been set aside today in the connected writ appeal Nos. 2282 to 2290 of 2014, these appeals are disposed off as being unnecessary.
Writ appeal Nos.326 & 4819-4826 of 2016 8. Writ appeal Nos.326 & 4819-4826 of 2016 are filed by the appellants seeking to set aside the order passed by the learned Single Judge in writ petition Nos.11135-11143 of 2014 on 23-7-2014. Since the order passed in the said writ petitions has been set aside today in the connected writ appeal Nos. 2282 to 2290 of 2014, these appeals are disposed off.
Sd/- Sd/-
JUDGE JUDGE Rsk/-