IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE G. NARENDAR WRIT PETITION NO. 12805/2019 (S-KSRTC) BETWEEN SRI ANNAPPA S/O LATE HUCHAPPA, AGED ABOUT 52 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, R/AT MARUTINILIYA, CHIRANJEEVI COLONY, YADIGIRI-585 201.
... PETITIONER (BY SRI M. SHIVAPRAKASH, ADVOCATE) AND 1. THE CHIEF MANAGER (EST) K.S.R.T.C., CENTRAL OFFICES, K.H. ROAD, SHANTHINAGAR, BENGALURU-560027.
2. SRI SHANKAR ALAMELU AGED ABOUT 56 YEARS, WORKING AS ASSISTANT ENGINEER, K.S.R.T.C. DIVISIONAL OFFICE, HUBLI DIVISION, HUBLI-580 020.
(BY SRI K.S. ABHIJITH FOR ... RESPONDENTS SRI L. SANJEEV, ADVOCATE FOR R1; R2-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 08.03.2019 PASSED BY R1 VIDE ANNEXUER-F TO THE W.P. AND TO DIRECT R1 TO RESTORE THE POSITION OF THE PETITIONER AS ASSISTANT EXECUTIVE ENGINEER GRADE-I AND ALSO BY RESTORING THE BASIC PAY OF THE PETITIONER WITH ALL OTHER CONSEQUENTIAL BENEFITS UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING.
O R D E R The memo for disposal is preferred by respondent No.1.
2. The memo reads as under:
“In the above writ petition, the petitioner has sought for quashing the order dated 08.03.2019, whereby his promotion to the post of Assistant Executive Engineer Grade-I with effect from 06.12.2016 was withdrawn and he was reverted back to the post of Assistant Executive Engineer Class-II, and to direct this respondent to restore his position as Assistant Executive Engineer Grade-I. This Hon’ble Court was pleased to issue notice to the respondent and granted an interim order, staying the order dated 08.03.2019.
It is submitted that now in view of the order dated 10.05.2019 passed by the Hon’ble Supreme Court in BK Pavithra’s case, the Respondent Corporation has restored the petitioner and similarly placed employees to their promoted posts. A copy of the GEO No.9989 dated 25.05.2019 issued in this regard is enclosed for kind perusal of this Hon’ble Court.
In view of the above, it is humbly prayed that this Hon’ble Court may be pleased to dispose of the above writ petition as become infructurous, in the interest of justice.”
3. It is apparent that the relief sought for in the writ petition stands answered by the subsequent proceedings dated 25.05.2019.
4. In view of the main prayer sought for having been answered by the respondent, the petition does not survive for consideration. Hence, the petition stands dismissed as having been rendered as infructuous.
No costs.
Sd/- JUDGE SBS/-