IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 PRESENT THE HON'BLE MR. JUSTICE B.S. PATIL AND THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT APPEAL Nos.4473-4528/2017 (S-RES) BETWEEN:
1. SRI N. HARISH S/O. H. NANJAIAH, AGED ABOUT 37 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, O/O. CSD-1, MESCOM, SHIMOGA DISTRICT – 577 201.
2. SRI K. RAVI KUMAR S/O. M. KRISHNA, AGED ABOUT 41 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGIEER (ELECTRICAL), O/O. ITC, CORPORATE OFFICE, GESCOM, KALBURGI DISTRICT – 585 101.
3. SRI R.T. CHANDRAMOULI S/O R. THIPPESWAMY, AGED ABOUT 43 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, O/O. CORPORATE OFFICE, CESCOM, MYSURU, DISTRICT – 570 601.
4. SRI SANJEEV KUMAR S/O. GEMSING, AGED ABOUT 36 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. AEE, LT-RATING SUB DIVISION, DIVISON-1, GESCOM, KALBURGI DISTRICT – 585 101.
5. SRI ANIL KUMAR. J S/O. JAVARAJU. K, AGED ABOUT 34 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. LT/HT RATING SUB DIVISION, DIVISON, GESCOM, KOLLEGALA, MYSORE DISTRICT – 571 440.
6. SRI SHASHIDHAR J.M. S/O. MARISWAMY .R, AGED ABOUT 34 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. O & M SUB DIVISION, CESCOM, SHANTHEMARALLI, MYSURU DISTRICT – 571 115.
7. SRI M. SURESH KUMAR S/O. D. MADAIAH, AGED ABOUT 37 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. O & M SUB DIVISION, CESCOM, YELANDUR, CHAMARAJANAGAR, MYSORE DISTRICT – 571 441.
8. SRI SHRIKANTH .S S/O. C. SIDDAIAH, AGED ABOUT 34 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. O & M SUB DIVISION-I, CESCOM, MADDUR, MANDYA DISTRICT – 571 428.
9. SRI YASHAVANTH NAIK. Y S/O. B.R. YOGENDRA NAIK, AGED ABOUT 46 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, O/O. AEE CSD-2, MESCOM, SHIMOGA DISTRICT – 577 201.
10. SRI H. GIREESH NAIK S/O. HANUMA NAIK, AGED ABOUT 44 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. AEE CSD-2, SUB DIVISION, BESCOM, DAVANAGERE DISTRICT – 577 004.
11. SRI RAJESH .D S/O. DODDAYALLAIAH, AGED ABOUT 46 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. 220 KV, R/S MADHUGIRI, KPTCL, TUMKUR DISTRICT – 572 175.
12. SRI GURUBASAVARAJA N.M. S/O. BASAVARAJ. M, AGED ABOUT 36 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. MAJOR WORKS DIVISION, KPTCL, DAVANAGERE DISTRICT – 577 004.
13. SRI LOHITH KUMAR .K S/O. KRISHNA NAIK, AGED ABOUT 34 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. C, O & M RURAL SUB DIVISION, BESCOM, DAVANAGERE DISTRICT – 577 004.
14. SRI SOMANNA .H S/O. HUCHAIAH, AGED ABOUT 36 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. HT RATING SUB DIVISION, CESCOM MADIKERI DISTRICT – 571 201.
15. SRI MADHU SUDHANA .R S/O. RAMAPPA .H AGED ABOUT 33 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. TAQC SUB DIVISION, MESCOM SHIVAMOGGA – 577 201.
16. SRI CHANDU KUMAR .K S/O. KELLAIAH .M AGED ABOUT 36 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. MAJOR WORKS SUB DIVISION KPTCL, KUSHAL NAGAR MADIKERI DISTRICT – 571 234.
17. SRI LOKESHA .K.S S/O. SANNANAYAKA AGED ABOUT 34 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. KARNATAKA INDUSTRIAL DEVELOPMENT BOARD (KIADB) MYSORE ZONE MYSORE DISTRICT – 570 001.
18. SRI UMESH S/O. RAJENDRA GOLA AGED ABOUT 35 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL & ELECTRONICS) O/O. O & M SUB DIVISION GESCOM SEDAM KALBURGI DISTRICT – 585 222.
19. SRI GIRISHA .S.K S/O. KEMPAIAH AGED ABOUT 36 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O. BESCOM VIGILANCE, TUMKUR DISTRICT – 572 101.
20. SRI K.L. GOPINATH S/O. N. LAXMINARASAIAH AGED ABOUT 36 YEARS, WORKING AS ASSISTANT EXECTIVE ENGINEER (ELECTRICAL)/MT/TKR O/O. AEE/MT SUB DIVISION BESCOM TUMKUR DISTRICT – 572 101.
21. SRI MALLAMMA .V S/O. VEERANNA, AGED ABOUT 39 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O AEE Q S & S BESCOM CIRCLE OFFICE TUMKUR DISTRICT – 572 101.
22. SMT. SANDYA C MIRAJKAR W/O. SUDHEER KUMAR .D AGED ABOUT 33 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O TL & SS DIVIISON, KPTCL DAVANAGERE DISTRICT – 577 004.
23. SRI SUDHEER KUMAR .D S/O. JYOTHI KUMAR .D AGED ABOUT 34 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O. MT DIVISION BESCOM CHITRADURGA DISTRICT – 577 501.
24. SMT. CHANDRAMMA .S.P W/O. CHANDRASHEKAR .H AGED ABOUT 43 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O O & M KIADB SUB DIVISION, CESCOM B.M.ROAD HASSAN DISTRICT – 573 201.
25. SRI ABHILASH S/O. LATE VENKATAPPA WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O AEE (ELECTRICAL) O & M SUB DIVISION, KYATHASANDRA BESCOM TUMKUR DISTRICT – 572 103.
26. SRI SUNIL KUMAR .A S/O. KITTAN .S AGED ABOUT 47 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O 110/11 KV KPTCL SUB STATION, BANTWAL TALUK VITTLA – 574 243.
27. SRI KUMAR .V.H S/O. V. HANUMANTHAPPA, AGED ABOUT 41 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O 110/11 KV MVSS MOODABIDRE MITHABAIL KPTCL MANGALORE DISTRICT – 574 227.
28. SMT. RANI LOKARE W/O. SANKHARAN AGED ABOUT 32 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O COMMERCIAL SECTION, MESCOM CORPORATE OFFICE MESCOM BHAVAN BEJAI MANGALORE DISTRICT – 575 004.
29. SRI MAHESH .H S/O. P. PUTTA NAIK, AGED ABOUT 34 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O 220 KV RECEIVING STATION, KEMAR KPTCL DOODPADAKATTE POST KARKALA UDUPI DISTRICT – 574 110.
30. SMT. BHRAMARAMBA .M W/O. K.V. KUMAR, AGED ABOUT 34 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O 220 KV SRS HOOTAGALLY KPTCL MYSORE DISTRICT – 570 001.
31. SMT. JYOTHI M.G. W/O. GURUSWAMY .M AGED ABOUT 37 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O CHIEF ENGINEER OFFICE, TRANSMISSION ZONE, A.R. CIRCLE, KPTCL, BANGALORE DISTRICT – 560 009.
32. SMT. K. RAJESHWARI W/O. A. KRISHNA, AGED ABOUT 37 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, (ELECTRICAL) O/O DSM SECTION, CORPORATE OFFICE, BESCOM, BANGALORE – 560 001.
33. VAJRAKUMAR H.D. S/O. DEVRAJU H.D., AGED ABOUT 35 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O 220 KV RECEIVING STATION, KPTCL, HASSAN DISTRICT – 573 201.
34. SRI NANDESH C.P. S/O. PATTAIAH, AGED ABOUT 36 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O ICT & MIS SECTION, BESCOM, BANGALORE DISTRICT – 560 001.
35. SMT. PAVITHRA .K W/O. C.K. KRISHNAPPA, AGED ABOUT 33 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER, O/O SCADA/TCD, RACE COURSE ROAD, A.R. CIRCLE, KPTCL, BANGALORE DISTRICT – 560 009.
36. SRI MANJU .N S/O. KESHAV .R, AGED ABOUT 36 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O POWER PURCHASE SECTION, BESCOM CORPORATE OFFICE, BANGALORE – 560 001.
37. SRI SRINIVAS MURTHY B.T. S/O. BASAVALINGANNA .T, AGED ABOUT 33 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O TECHNICAL SECTION, P&C, KAVERI BHAVAN, KPTCL, BANGALORE DISTRICT – 560 009.
38. SRI NAGARAJA .T S/O. THIMMARAYAPPA, AGED ABOUT 34 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O POWER COMPANY OF KARNATAKA LIMITED, #501, 5TH FLOOR, KPTCL BUILDING, KAVERI BHAVAN, K.G. ROAD, BANGALORE DISTRICT – 560 009.
39. SRI RAJAKUMARA NAIK .B S/O. BALA NAIK .P AGED ABOUT 42 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O R & D, KAVERI BHAVAN, KPTCL, BANGALORE DISTRICT – 560 009.
40. SRI B. SRINIVASA MURTHY S/O. K.M. BASAVARAJU, AGED ABOUT 34 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O. GENERAL MANAGER (ICT & MIS) 4TH FLOOR, MAHARISHI, ARAVINDA BHAVAN, NRUPATHUNGA ROAD, BANGALORE DISTRICT – 560 043.
41. SRI H.R. SRINIVAS S/O. RAMANNA, AGED ABOUT 33 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O. CITY SUB DIVISION-2, DR. RADHAKRISHNA ROAD, SS. PURAM, BESCOM, TUMKUR DISTRICT – 572 102.
42. SRI DHANYA KUMAR H.C.
S/O. CHANDRASHEKHARAPPA H.H. AGED ABOUT 40 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. AEE, NO.2, MAJOR WORKS, SUB DIVISION, KPTCL, TUMKUR DISTRICT – 572 101.
43. SRI PURUSHOTTAM KATTIMANI S/O. KANDAPPA KATTIMANI, AGED ABOUT 47 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O. C1, O & M SUB DIVISON, BESCOM, BANGALORE – 560 010.
44. SUSHMA .R D/O. RAMAKRISHNA .M AGED ABOUT 33 YEARS, O/O. SCADA/TCD RACE COURSE ROAD A.R. CIRCLE KPTCL BANGALORE – 560 009.
45. R.M. YOGGESHA S/O. T. MUNIYAPPA, AGED ABOUT 43 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O AEE BESCOM VIGILANCE INDRANAGAR BANGALORE – 560 038.
46. PUTTASWAMY .D.V S/O. VENKATESH, AGED ABOUT 34 YEARS WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O. HULIYURUDRGA SUB DIVISION BESCOM KUNIGAL TALUK TUMKUR DISTRICT – 572 123.
47. C. NAGARAJAPPA S/O. ANCHE CHANDRAPPA AGED ABOUT 42 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. ANAGODU SUB DIVISION BESCOM, DAVANAGERE – 577 556.
48. ARATI .C.W W/O. GOVINDA NAIK .S AGED ABOUT 37 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O. 220 K V SRS, KPTCL DAVANAGERE – 577 004.
49. GOPAL .R S/O. RAMASANJEEVA AGED ABOUT 33 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. L.T. RATING SUB DIVISION, MESCOM, SHIVMOGA – 577 201.
50. KALAKAPPA S/O. DEVAPPA, AGED ABOUT 35 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. C & M SUB DIVISION GESCOM, KUSHTAGI – 584 121.
51. TIRUPATI K KAMATKAR S/O. KRISHNAPPA, AGED ABOUT 47 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), O/O. O & M SUB DIVISION GESCOM, KUSHTAGI – 584 121.
52. LINGAM ARUN KUMAR S/O. L. SRINIVAS RAO, AGED ABOUT 32 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) O/O. C & M DIVISION GESCOM KOPPAL – 583 231.
53. YASHODHA .M W/O. B. RACHAIAH, AGED ABOUT 42 YEARS, DCC/SCADA CSE O/F
SRI L. SRINIVASA BABU, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU – 560 001.
2. STATE OF KARNATAKA REPRESENTED BY ITS PRL SECRETARY, ENERGY DEPARTMENT, VIKASA SOUDHA, BENGALURU – 560 001.
3. THE DEPARTMENT OF ADMINSTRATIVE REFORMS BY ITS SECRETARY VIDHANA SOUDHA, BENGALURU – 560 001.
4. SUB COMMITTEE OF THE ASSEMBLY FOR SC AND ST VIDHANA SOUDHA, BENGALURU – 560 001 REPRESENTED BY ITS SECRETARY.
5. SOCIAL AUDIT COMMITTEE FOR SCs & STs DEPARTMENT OF SOCIAL WELFARE M.S. BUILDING, BENGALURU – 560 001 REP. BY ITS COMMISSIONER.
6. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REP. BY MANAGING DIRECTOR KPTCL CORPORATE OFFICE CAUVERY BHAVAN, BENGALURU – 560 009.
7. THE DIRECTOR ADMIN AND HUMAN RESOURCES KPTCL CORPORATE OFFICE, CAUVERY BHAVAN, BENGALURU – 560 009. ... RESPONDENTS ***** THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 07/06/17 PASSED IN WRIT PETITION 23244-23299/17 [S-RES] & ALLOW WRIT APPEAL AS PRAYED FOR b) DECLARE THE DECISION IN PAVITRAS CASE IS NOT BINDING ON APPELLANTS & DECLARE IT AS PER IN CURIUM.
THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, B.S.PATIL J., MADE THE FOLLOWING:-
J U D G M E N T These writ appeals are filed challenging order dated 07/06/2017 passed by the learned single Judge in W.P.Nos.23244-23299/2017. By the said order, the learned single Judge has disposed of the writ petitions filed by appellants challenging the Notifications dated 08/05/2017 produced along with writ petition, at Annexures “W” and “X” and for a direction to respondents not to publish final seniority list subsequent to the decision of the Apex Court in B.K.Pavitra and others vs. Union of India and others [(2017) 4 SCC 620]. A further direction was sought in the writ petitions not to revert or demote the petitioners based on Notification dated 08/05/2017 Annexure “X”. Several other directions were also sought.
2. Learned Single Judge while declining to interfere on the merits of the grievance made by petitioners, has issued a direction that petitioners shall be afforded an opportunity of hearing while considering their objections filed to the provisional seniority list published on 08/05/2017.
3. It is the contention of learned senior counsel Sri.V.Lakshminarayana, that the learned single Judge ought to have considered the merits of the matter and examined the various contentions urged by writ petitioners. It is further urged by him that question of affording personal hearing to petitioners who had filed objections to the provisional seniority list would not arise in light of clarification given by the Apex Court in the Contempt Petition (C).No.1682/2017 arising out of Civil Appeal No.2368/2011 vide order dated 08/09/2017.
4. In the said order passed in the Contempt Petition, Apex Court has held that as the entire matter had been decided by the Apex Court, question of affording any personal hearing would not arise. However, it has been further observed by the Apex Court that aggrieved party would be at liberty to challenge the same in accordance with law.
5. At the outset, we have to state that order passed by learned single Judge directing to afford personal hearing to such of the objectors who had filed objections to provisional seniority list was based on a concession made by the official respondents i.e., the KPTCL. The fact that such opportunity cannot be conceded is amply clear from the judgment of the Apex Court dated 08/09/2017 passed in Contempt Petition (C) No.1682/2017. Therefore, as fairly submitted by the learned senior counsel appearing for petitioners, this direction issued by learned single Judge which has been set aside while clarifying the position in Contempt Petition (C) No.1682/2017, cannot be sustained. We make it clear that Respondents 6 and 7 cannot undertake such an exercise.
6. Insofar as other contentions urged by the learned senior counsel requesting us to enter into the legality and correctness of the impugned notifications issued, we are of the view that as the matter has been concluded by the judgment of the Apex Court in Pavithra’s case (supra), this court cannot be called upon to enter in to the controversy on the spacious plea that effect of the judgment in Indra Sawhney vs. Union of India [1992 supp. (3) SCC 210] or for that matter, effect of the judgment in Bhakta Rame Gowda and others vs. State of Karnataka and another [AIR 1997 SC 1038], have not been dealt with by the Apex Court while rendering judgment in Pavitra’s case.
7. Hence, we decline to enter into the merits of the matter because such an exercise is impermissible in the facts and circumstances of the case, in view of the judgment of the Apex Court. Accordingly, these writ appeals are dismissed.
Sd/- JUDGE Sd/- JUDGE *mvs