IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.44487-44495 OF 2014 (S-RES) BETWEEN:
1. SRI VENKATARAMAIAH T.
S/O LATE THIMMLEGOWDA K. AGED ABOUT 59 YEARS SENIOR MECHANIC, CH NO. K 48, KPTCL-TCD RACE COURSE ROAD ANANDARAO CIRCLE BANGALORE-560 009 2. SRI. GANGANNA H.T S/O LATE GANGAIAH AGED ABOUT 59 YEARS 1ST CLASS MECHANIC CH NO. K M 114, KPTCL-TCD ANANDARAO CIRCLE BANGALORE-560 009 3. SRI. RANGASWAMIAH H S/O LATE HUCHCHAIAH AGED ABOUT 60 YEARS MECHANIC, GRADE-I CH NO. KM 113, KPTCL-LDC ANANDARAO CIRCLE BANGALORE-560 009 4. SRI. YERAPPA S/O LATE LAKSHMAPPA AGED ABOUT 60 YEARS SENIOR MECHANIC (RETD) CH NO. K 73, KPTCL-TCD ANANDARAO CIRCLE BANGALROE-560 009 5. SRI. RAJASHEKAR MURTHY M.S. S/O LATE M.S. SIDDAPPA AGED ABOUT 57 YEARS, JUNIOR ENGINEER, ELECTRICAL BESCOM-O&M NO.8, GOWRIPALYA MAGADI ROAD SUB-DIVISION BANGALORE-560 003 6. SRI. RAMEGOWDA G M S/O LATE MUDALAGIRIGOWDA AGED ABOUT 56 YEARS MERRIT GRADE, CH NO. K 45 KPTCL-RAJAJINAGAR BANGALORE-560 009 7. SRI. RANGAIAH S/O DODDAIAH AGED ABOUT 59 YEARS JUNIOR ENGINEER, O & M NO.22 BESCOM-KENGERI SUB-DIVISION MYSORE ROAD BANGALORE-560 060 8. SRI. VIRUPAKSHAPPA K M S/O LATE MALLAPPA K R SINCE DEAD BY LRS 8A. SMT. KUSUMA M.S W/O. LATE SRI VIRUPAKSHAPPA K.M. AGED ABOUT 56 YEARS 8B. SRI DHANANJAYA K.V.
S/O. LATE SRI VIRUPAKSHAPPA K.M. AGED ABOUT 34 YEARS 8A & 8B ARE PRESENTLY RESIDING AT SRI. PUSHPAGIRI MALLIKARJUNSWAMY NILAYA KAVERI NAGAR, BEHIND KAVERI SAW MILL CHIKAMAGALURU – 577 177 8C. SMT. DEEPIKA K.V.
D/O LATE VIRUPAKSHAPPA K.M. W/O. D.G.KIRANKUMAR AGED ABOUT 32 YEARS R/AT: CANARA BANK PREMISES BUILDING CHILUR, NYAMATI TALUK DAVANAGERE DISTRICT 9. SRI. RAMAKRISHNAIAH S/O MAYANNA AGED ABOUT 55 YEARS METER READER, CESC-DIVISION-3 GUTHAKAL SUB-DIVISION MANDYA DIVISION MANDYA-575 401 ... PETITIONERS (BY SRI VIJAYAKUMAR, ADVOCATE) AND:
1. THE MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LTD. (KPTCL) KAVERI BHAVAN BANGALORE-560 009 2. THE DIRECTOR (ADMIN & HR) KARNATAKA POWER TRANSMISSION CORP9ORTAION LTD. (KPTCL) KAVERI BHAVAN BANGALORE-560 009 3. THE CHIEF ENGINEER KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, SLDC & TCD ANADARAO CIRCLE BANGALORE-560 009 4. THE MANAGING DIRECTOR BESCOM, K.R. CIRCLE BANGALORE-560 009 5. MANAGING DIRECTOR CESCOM, SARASWATHIPURAM MYSORE 6. SUPERINTENDING ENGINEER KPTCH., RELAY TESTING CENTER RAJAJINAGAR BANGALORE-560 010 7. EXECUTIVE ENGINEER CESCOM, MANDYA DIVISION MANDYA 8. EXECUTIVE ENGINEER CESCOM, HASSAN DIVISION HASSAN 9. THE EXECUTIVE ENGINEER TL & SS, TCD, DIVISION MRS, KPTCL, SHIVAMOGGA SHIVAMOGGA DISTRICT … RESPONDENTS (BY MR. ANNU BHARADWAJ FOR SRI HARIKRISHNA S. HOLLA, ADVOCATE FOR R2; SRI G.C.SHANMUKHA, ADVOCATE FOR R5, R7 & R8; R1, R3, R4, R6 & R7 ARE SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXTEND THE BENEFIT OF CLAUSE (5) OF MEMORANDUM OF SETTLEMENT DT: 15.05.1978 VIDE ANNEXURE-A & GRANT THEM BENEFIT OF ABSORPTION OF OCMPLETION OF 240 DAYS OF CONTINUOUS SERVICE IN A 12 CALENDER MONTH ON THE SUCCEDING 1ST OF JULY 1978/79 AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The writ petitioners seek a direction to the answering respondents herein to extend to them the benefit of Clause 5 of Memorandum of Settlement dated 15.09.1978, a copy whereof is at Annexure – A and which reads as under:
“5. Further, it is agreed that such of the TTR men of the O&M Divisions including Central Stores, Workshops, M.T., R.T., T.C.D., Generating stations etc, who were on rolls on 31.03.1978 and who complete subsequent to 30th June, 1977, 240 days of service in any consecutive 12 calendar months will be absorbed according to seniority and suitability as per the provisions of Recruitment and Promotion Regulations subject to Clause 8 below, in these Divisions by creating supernumerary posts, if necessary. Further, it is agreed to review the position of such men on 1st July of each year for absorption on the above lines subject to Clause 8 below.”
2. After service of notice, the answering respondents having entered appearance through their counsel resist the writ petitions contending that the benefit of para No.5 does not avail to the petitioners at all, when their case falls under para No.6 of the settlement which reads as under:
“6. it is agreed to absorb such of the TTR men working in Major works who have completed 3 years continuous service as on 30th June, 1977 by creation of supernumerary posts in the Maintenance Establishment in Grade Rs.300-465 in Major Works divisions with effect from 01.05.1978. Further, It is agreed to review in future the cases of TTR men of Major works on 1st July every year and to absorb such of the men who complete 3 years continuous service as on that date according to seniority and suitability as per the provisions of Recruitment and Promotion Regulations subject to clause 8 below.”
3. Having heard the learned counsel for the parties and having perused the petition papers, no relief can be granted to the petitioners because:
a) the case of the petitioners going by their designation and date of appointment does not fall within para no.5 of the settlement which is reproduced above, but falls under para No.6 thereof which again is conditioned as to the date of appointment and years of service to be put in during specified period; going by the petitioners’ averment, the requirements of the precondition in para No.6 and even para No.5 are not satisfied and therefore, the claim of the petitioners is not legally sustainable;
b) the contention of the petitioners that one Mr.J.K.Kariyaiah, who was similarly circumstanced with them was given the benefit of para No.5 of the settlement is partially true in the sense that such a benefit was in fact given to him but later came to be withdrawn; the said withdrawal was set at naught by a coordinate Bench of this Court vide Judgment dated 07.09.2011 in Kariyaiah’s W.P.No.11447/2010 on the ground that he was not heard in the matter; after matter being remanded, a fresh decision was taken withdrawing the benefit that was granted to him;
c) the learned counsel for the petitioners during the hearing placed on record another information obtained by yet another employee under RTI to the effect that one Mr.Ujjani Gowda (S.A.Grade-I) was granted the benefit of which the petitioners are now claiming before this Court and therefore on the principle of parity, they too have to be extended with the same; it is a settled legal position that in service matters, a person claiming the benefit on the basis of parity needs to show not only that he is similarly circumstanced but also that the benefit granted to the so called other persons is in accordance with law; this twin test having not been satisfied, the petitioners cannot found their case on the principle of parity.
In the above circumstances, these writ petitions being devoid of merits are dismissed.
No costs.
KTY Sd/- JUDGE