IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NOs.23860-23883 OF 2019 (S-RES) BETWEEN:
1. SRI. RAKESH K L S/O LAKSHMAN KUNDAGI AGED ABOUT 29 YEARS R/O BEKASHI KENCHGUDDE KUDDU MALLIGE THIRTHALLI TALUK SHIMOGA DISTRICT-577 432.
2. SRI GANESH G S/O GUNDAPPA T AGED ABOUT 28 YEARS R/O INDUVARA MAKKIMANE THIRTHALLI TALUK SHIMOGA DISTRICT-577 432.
3. SRI RAGHAVENDRA M R S/O RAMA NAIK AGED ABOUT 37 YEARS R/O MALARI KATTEHAKKLU THIRTHALLI TALUK SHIMOGA DISTRICT-577 432.
4. SRI SUBRAMANYA B N S/O NAGENDRA DEVADIGA AGED ABOUT 35 YEARS R/O BHIMANAKATTE (V) DORVASPURAM (P), THIRTHALLI TALUK SHIMOGA DISTRICT-577 432.
5. SRI RAGHAVENDRA M J S/O MANJUNATHA AGED ABOUT 29 YEARS R/O JOGISARA NOMABUR THIRTHAHALLI TALUK SHIMOGA DISTRICT-577 432.
6. SRI RAGHAVA M V S/O VENKAPPA GOWDA AGED ABOUT 25 YEARS MYDANE, KASARAVALLI THIRTHALLI TALUK SHIMOGA DISTRICT-577 432.
7. SRI ADARSHA S P S/O PARASHURAMAPPA AGED ABOUT 36 YEARS R/O KAIMARA BHADRAVATHI TALUK SHIVAMOGGA TQ & DISTRICT.
8. SRI ABSAR A S/O ABDUL KADHER AGED ABOUT 35 YEARS R/O MALESHANKARA SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT-577 211.
9. SRI VINAYAKA B P S/O PARAMASHIVAPPA AGED ABOUT 29 YEARS R/O RAMANAGARA (V) BHAIRAN KOPPA (D) SHIVAMOGGA TALUK SHIVAMOGGA DSITRICT-577 416.
10. SRI MAHESH D E S/O ESHAWARAPPA NAIK AGED ABOUT 26 YEARS, R/O 8/3 BHATARAYANKATTE BETTAMAKI, THIRTHALLI TALUK SHIMOGGA DISTRICT-577 432.
11. SRI PRAVENNA K K S/O KRISHNAMURTHI AGED ABOUT 32 YEARS R/O KIKARE ANAGERE (POST) SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT-577 201.
12. SRI VIRENDRA H S/O HOLIYAPPA H AGED ABOUT 35 YEARS R/O SHIKARIPURA TOWN SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577 427.
13. SRI SANDEEPA M H S/O MALLIKARJUNAPPA AGED ABOUT 32 YEARS R/O SHIRALKOPPA SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577 428.
14. SRI PRAVEEN B K S/O KRISHNAPPA AGED ABOUT 34 YEARS, R/O SHIKARIPURA SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577 427.
15. SRI NAGARAJ A S/O AJAPPA AGED ABOUT 34 YEARS, R/O KALLIHAL BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577 301.
16. SRI IRFANULLA S/O AKBAR AGED ABOUT 30 YEARS, R/O ANAVERI BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577 301.
17. SRI NARENDRA KUMAR S D S/O SATHYANARAYANA AGED ABOUT 30 YEARS R/O KAIMARA BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577 301.
18. SRI SANTHOSA S/O ESHWARAPPA AGED ABOUT 25 YEARS R/O SHIKARIPURA TOWN SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577 427.
19. SRI KASHINATH S/O JANAKARAJ AGED ABOUT 31 YEARS R/O EESURU SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577 427.
20. SRI SHIVAKUMAR V S/O VASANTAPPA AGED ABOUT 34 YEARS R/O SHIKARIPURA SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577 427.
21. SRI SHREEDHAR K S S/O SHEKHARAPPA K AGED ABOUT 25 YEARS, R/O EESURU SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577 230.
22. SRI PRAMODA V K S/O VIRUPAKSHAPPA K AGED ABOUT 28 YEARS R/O SHIRALKOPPA SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577 230.
23. SRI RAJAPPA N S/O NEELAPPA AGED ABOUT 24 YEARS R/O SHIKARIPURA SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577 230.
24. SRI SURESHA N S/O NAGARAJAPPA AGED ABOUT 31 YEARS R/O KAIMARA HOLEHONNUR TALUK SHIVAMOGGA DISTRICT-577 230. ... PETITIONERS (BY SRI. MANJUNATHA P V [ABSENT]) AND 1. STATE OF KARNATAKA ENERGY DEPARTMENT ROOM NO.236, 2ND FLOOR VIKASA SOUDHA DR. B R AMBEDKAR ROAD BANGALORE-560 001 REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT 2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL) HAVING ITS CORPORATE OFFICE AT CAUVERY BHAWAN, K G ROAD BANGALORE-560 009 REPRESENTED BY ITS MANAGING DIRECTOR 3. MANGALORE ELECTRICITY SUPPLY COMPANY (MESCOM) HAVING ITS CORPORATE OFFICE AT 4TH FLOOR, PARADIGM PLAZA A B SHETTY CIRCLE MANGALORE-575 001 REPRESENTED BY ITS MANAGING DIRECTOR ... RESPONDENTS (BY SMT. M.S.PRTHIMA, AGA FOR R1) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO REGULARIZE OR ABSORB THE PETITIONERS AS JUNIOR LINE MEN AND CONSEQUENTIALLY, QUASH THE RECRUITMENT NOTIFICATION DATED 25.02.2019, PRODUCED AS ANNEXURE-J, IN SO FAR IT RELATES TO RECRUITMENTS PERTAINING TO R-3 AND ETC.
THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Matter called twice. None appears.
2. On 08.07.2019, the following order was passed:
“ Learned counsel for the petitioners seeks time.
It is made clear that no further time would be granted on the next date of hearing.
List this matter on 16.07.2019.”
3. The petitioners have sought for the following reliefs:
i) Issue writ in the nature of Mandamus or any other appropriate Writ or Directions, thereby directing the Respondents to regularize or absorb the petitioners as Junior Line Men.
ii) Consequentially, Issue writ in the nature of Certiorari or any other appropriate Writ/Direction, thereby quashing the Recruitment Notification No.KPTCL/B16/86473 /2018-19; dated 25.02.2019, produced as ANNEXURE-J, in so for it relates to recruitments pertaining to 3rd Respondent.
iii) Consequentially issue a writ of mandamus or any other appropriate Writ/Direction, thereby directing the 2nd & 3rd Respondent to reserve posts for contractual laborers, providing Age Relaxation & Weight age for experiences gained.
iv) Consequentially, grant such other relief or reliefs as this Hon’ble Court may deem fit to grant in the circumstances of the case.
4. The petitioners’ grievance relating to their regularization or absorption as Junior Line Men is not supported by any rules or policy decision of the respondents. Undisputed facts are that they were appointed on ad hoc on temporary basis. The petitioners have not made out any rights to seek for regularization or absorption. In an identical matter, the decision rendered by this Court in W.P. Nos.35139- 35214/2017, decided on 28.06.2019 in the case of Preethi Bhandage and others Vs. State of Karnataka and others, elaborately discussed relating to entitlement to regularization or absorption.
5. In view of the aforesaid decision, the first prayer of the petitioners is hereby rejected. Insofar as the second prayer is concerned, the petitioners have not made out any ground to interfere except stating that they are entitled for regularization or absorption as Junior Line Men. They cannot stall the regular selection and appointment to the post of Junior Line Men. There is no infirmity in Annexure-J, notification dated 25.02.2019. At the best, petitioners could agitate before selecting and Appointing Authority seeking for service weightage and the service for having rendered service on ad hoc / contractual basis in terms of the observations made by the Hon’ble Supreme Court in the case of State of Karnataka Vs. Umadevi reported in AIR 2006 SC 1806.
With the above observation, petitions stand disposed.
Sd/- JUDGE HA/-