IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 35999 OF 2019 (S-RES) BETWEEN:
1. MALATESH N KODLIYAVAR S/O NEELAPPA M KODLIYAVAR, AGED ABOUT 53 YEARS, WORKING AS DEPUTY GENERAL MANAGER, (QS & S) CORPORATE OFFICE BESCOM, K R CIRCLE, BENGALURU – 560001.
2. B V PALANETRA, S/O B VEERAPPA, AGED ABOUT 44 YEARS, WORKING AS EXECUTIVE ENGINEER ELECTRICAL TRANSMISSION WORKS CIRCLE, KPTCL ANANDA RAO CIRCLE, BENGALURU – 560009.
3. MANJAPPA, S/O CHENNAMOOLYA, AGED ABOUT 55 YEARS, WORKING AS SUPERINTENDING ENGINEER, ELECTRICAL O & M CIRCLE, MESCOM, MANGALORE.
4. T MARUTHI, S/O THIMMANNA, AGED ABOUT 46 YEARS, WORKING AS ASSISTANT GENERAL MANAGER (SOLAR GRID) DEPUTATION FROM KPTCL, KREDL, PALACE ROAD, BENGALURU – 560001.
... PETITIONERS (BY SRI. SHIVAPRASAD SHARNAGOUDAR, ADVOCATE) AND:
1. STATE OF KARNATAKA, BY ITS ADDITIONAL CHIEF SECRETARY, TO GIVERNMENT ENERGY DEPARTMENT, VIKAS SOUDHA, DR AMBEDKAR VEEDHI, BENGALURU – 560001.
2. KARNATAKA POWER TRANMISSION CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, CAUVERY BHAVAN, K G ROAD, BENGALURU – 560009.
... RESPONDENTS (BY SRI. C N MAHADESHWARA, AGA FOR R1; SRI. A CHANDRACHUD, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS RELATING TO THE SUBJECT MATTER AND DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 05.06.2017 ANNX-C AND ISSUE FRESH FINAL SENIORITY LIST IN TERMS OF THE JUDGMENT OF THE HON’BLE SUPREME COURT IN P. SUDHAKAR RAO AND OTHERS V. U GOVINDA RAO ANDOTHERS REPORTED IN (2013) 8 SCC 693 WITHIN A TIME FRAME THAT THIS HON’BLE COURT DEEMS FIT TO SET.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioners being the employees of the 2nd respondent-KPTCL are invoking the writ jurisdiction of this Court with an innocuous prayer ie., a direction for considering their representation dated 05.06.2017, a copy whereof is at Annexure-C, whilst finalizing the final seniority list of the Assistant Engineers in terms of the Apex Court judgment in the case of P.SUDHAKAR & OTHERS vs. U.GOVINDA RAO & OTHERS, (2013) 8 SCC 693.
2. Sri C.N.Mahadeshwara, learned AGA accepts notice for 1st respondent-State and Sri A.Chandrachud, learned Panel Counsel accepts notice for 2nd respondent- KPTCL.
3. Learned Panel Counsel for KPTCL fairly submits that there will be no difficulty for considering petitioners subject representation if a reasonable period is prescribed by this Court and also if petitioners agree to produce all necessary material required for such consideration. This stand of 2nd respondent is fair and reasonable.
In the above circumstances, this writ petition succeeds; a Writ of Mandamus issues to the 2nd respondent to consider petitioners representation dated 05.06.2017, a copy whereof is at Annexure-C within a period of six weeks and in accordance with law.
It is needless to mention that petitioners shall furnish all and necessary information/documents as may be solicited by the respondent-KPTCL; however, in the guise of such solicitation, delay shall not be brooked.
Result of consideration shall be made known to the petitioners without any delay.
Sd/- JUDGE Snb/