Karnataka High Court
Pushpa S A vs State Of Karnataka on 20 August, 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
WRIT APPEAL NO. 414 OF 2023 (S-RES)
C/W
WRIT APPEAL NO. 423 OF 2023 (S-RES);
WRIT APPEAL NO. 427 OF 2023 (S-RES);
WRIT APPEAL NO. 437 OF 2023 (S-RES);
WRIT APPEAL NO. 983 OF 2023 (S-PRO);
WRIT APPEAL NO. 1211 OF 2023 (S-RES)
IN W.A. No. 414 OF 2023:
BETWEEN:
1. RAVINDRA K.
THE SUPERINTENDING ENGINEER
TL AND SS, KPTCL
ANAND RAO CIRCLE
BENGALURU - 560 009
2. GOPAL N. GAONAKAR
THE SUPERINTENDING ENGINEER
W AND M CIRCLE, KPTCL
PRASARANA BHAVANA
FTS COMPUND N. R.
MOHALLA
MYSURU - 570 007
(NOW RETIRED ON 31.03.2023)
3. NAGESH S.
THE EXECUTIVE ENGINEER
TAQC, CORPORATE OFFICE
CESC.No.29
VIJAYANAGARA, 2ND STAGE
HINKAL
MYSURU - 570 017
-
2
4 . SOMASHEKAR B.
EXECUTIVE ENGINEER
O & M DIVISION,
CESC
MADIKERI
5. SHASHI KUMAR H.S.
THE EXECUTIVE ENGINEER
RT DIVISION, KPTCL
MANDYA
6. SOMASHEKARA M.K.
THE EXECUTIVE ENGINEER
PURCHASE SECTION
CORPORATE OFFICE
CESC. No.29 VIJAYANAGARA
2ND STAGE HINKAL
MYSURU 570 017
7. SUNIL KUMAR A.A.
THE EXECUTIVE ENGINEER
O AND M DIVISION, CESC
HUNSUR
8. THIMMEGOWDA D.
THE EXECUTIVE ENGINEER
O AND M DIVISION
CHANDAPURA
BESCOM
BENGALURU - 560 099
... APPELLANTS
(BY SRI. R. DEVDAS., SENIOR COUNSEL A/W
SMT. ANASUYA DEVI K.S., ADOVCATE)
AND:
1. STATE OF KARNATAKA
BY ITS ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT
ENERGY DEPARTMENT
VIKAS SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
-
3
2. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
REP. BY ITS MANAGING DIRECTOR
CAUVERY BHAVAN, K G ROAD
BENGALURU-560 009
3. THE DIRECTOR (ADMIN AND HR)
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
CAUVERY BHAVAN
K G ROAD
BENGALURU-560 009
4. MALATESH N KODLIYAVAR
S/O NEELAPPA M KODIYAVAR
AGED ABOUT 53 YEARS
WORKING AS DEPUTY GENERAL MANAGER (QS AND S)
CORPORATE OFFICE, BESCOM
K.R CIRCLE
BENGALURU-560 001
5. B V PALANETRA
S/O B VEERAPPA
AGED ABOUT 44 YEARS
WORKING AS EXECUTIVE ENGINEER
WHITEFIELD DIVISION
BESCOM WHITEFILED
BENGALURU-560 060
6. MANJAPPA
S/O CHENNAMOOLYA
AGED ABOUT 55 YEARS
WORKING AS SUPERINTENDING ENGINEER
ELECTRICAL, O AND M CIRCLE
MESCOM
MANGALORE - 575 004
7. KRISHNA MURTHY P.
THE GENERAL MANAGER
POWER PURCHASE, CORPORATE OFFICE
BESCOM, K R CIRCLE
BENGALURU-560 001
8. NAGARAJ G. P.
THE SUPERINTENDING ENGINEER
-
4
MESCOM BHAVANA
CORPORATE OFFICE, MESCOM
BEJAI KAVOOR ROAD
BEJAI
MANGALORE-575 004
9. PUSHPA S.A.
THE SUPERINTENDING ENGINEER
MESCOM BHAVANA, CORPORATE OFFICE
MESCOM, BEJAI KAVOOR ROAD
BEJAI
MANGALORE-575 004
10. RAMESH H.J.
THE GENERAL MANAGER
METERS AND COMMERCIAL CORPORATE OFFICE
BESCOM, K R CIRCLE
BENGALURU-560 001
11. SRINIVASAPPA
THE GENERAL MANAGER
KREDL, SCOUTS BHAVANA
PALACE ROAD
BENGALURU -560 001
12. VISHWANATHARAO SOLANKI R.
THE SUPERINTENDING ENGINEER
O AND M WEST CIRCLE
BESCOM, NEXT TO CHORD ROAD HOSPITAL
SIDDAIAH PURANIK ROAD
BASAVESHWAR NAGAR
BENGALURU-560 079
13. SHIVARAM SINGH
THE SUPERINTENDING ENGINEER
BMRCL DEEPANJALI NAGAR
MYSURU ROAD
BENGALURU -560 026
14. BASAVARAJ B PAIL
THE SUPERINTENDING ENGINEER
O AND M CIRCLE
HESCOM
CHIKODI-591 201
-
5
15. JAMES PHILIP
THE GENERAL MANAGER, DAS SECTION
CORPORATE OFFICE BESCOM
K R CIRCLE
BENGALURU-560 001
16. SHARANAPPA M.T.
THE GENERAL MANAGER
KAVIKA, BAPUJINAGAR
MYSURU ROAD
BENGALURU-560 026
17. CHANDRAN T.S.
THE SUPERINTENDING ENGINEER
C, O AND M NORTH CIRCLE, BESOCM
3RD FLOOR CRESCENT TOWERS
CRESCENT ROAD
MADHAVANAGAR
BENGALURU-560 001
18. GURUSWAMY K.H.
THE SUPERINTENDING ENGINEER
O AND M CIRLCE, BESCOM
KOLAR-563 102
19. GIRIDHAR KULKARNI
THE SUPERINTENDING ENGINEER
O AND M CIRCLE, HESCOM
NEHRU NAGAR
BELAGAVI-590 010
20. VENKATESH PRASAD R.
THE SUPERINENDING ENGINEER
TRANSMISSION, W AND M CIRCLE KPTCL
VIDYANAGAR
SHIMOGGA-577 201
21. SRIKANTH M. SASALATTI
THE SUPERINTENDING ENGINEER
W AND M CIRCLE, KPTCL
NEHRU NAGAR
BELAGAVI-590 010
22. SRINIVAS T.V.
THE SUPERINTENDING ENGINEER (OFFICE)
-
6
O AND M ZONE, BESCOM
CHITRADURGA-577 501
23. SHASHIDHAR O.S.
THE SUPERINTENDING ENGINEER
IT AND M T, CORPORATE OFFICE
NAVANAGAR
HUBBALLI-580 025
24. MITARE S.S.
THE SUPERINTENDING ENGINEER
RT CIRCLE, VIDYUT NAGAR
KPTCL
HUBBALLI - 580 024
25. HIREMATH K.G.
THE SUPERINTENDING ENGINEER
O AND M CIRCLE
HESCOM
BAGALKOT-587 101
26. PRAKASH V.
THE SUPERINTENDING ENGINEER
CORPORATE OFFICE
TECHNICAL CESC, No.29
VIJAYANAGARA 2ND STAGE
HINKAL
MYSURU- 570 017
27. ABDUL MAJID
THE SUPERINTENDING ENGINEER
BMRCL DEEPANJALI NAGAR
MYSURU ROAD
BENGALURU-560 026
28. ALLABAKSH B.
THE SUPERINTENDING ENGINEER
W & M, KPTCL
TUMKURU, ASHOK NAGAR
TUMKURU-572 103
29. GIRISH B.V.
THE SUPERINTENDING ENGINEER
RT & R & D KPTCL, KAVERI BHAVAN
BENGALURU-560 009
-
7
30 . RAMESH H.G.
THE SUPERINTENDING ENGINEER
ELECTRICAL
BANGALORE RURAL O & M CIRCLE
BESOCM
1ST FLOOR, TTMC
BENGALURU-560 060
31. RAMASWAMY M.L.
THE DEPUTY GENERAL MANAGER (OPERATION)
CORPORATE OFFICE, BESCOM
K R CIRLCE
BENGALURU-560 001
32. NATARAJ U.S.
THE EXECUTIVE ENGINEER OF
THE CHIEF ENGINEER, O & M ZONE
BALLARI -583 102
33. MOHAN RAO BIRADAR
THE SUPERINTENDING ENGINEER
IL & SS, KPTCL, RAMANAGARA CIRCLE
220 KV R/S VRUSHABHAVATI
MYSURU ROAD
BENGALURU-560 039
34. SADEV MANKARE
THE EXECUTIVE ENGINNER
CORPORATE OFFICE, STATION ROAD
GESCOM
KALABURAGI -585 102
35. SHARANAPPA G.
THE SUPERINTENDING ENGINEER
O & M CIRCLE HESCOM
NEXT TO VDA OFFICE
MANAGULI ROAD
VIJAYAPURA-586 109
36. NAGARAJ M.L.
THE DEPUTY GENERAL MANAGER
CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU-560 001
-
8
37. SWAMY H.S. (1961)
THE EXECUTIVE ENGINNER
MAJOR WORKS DIVISION, KPTCL
PRASARANA BHAVANA
FTS COMPOUND, N R MOHALLA
MYSURU-570 007
38. RIZWAN PASHA
THE DEPUTY GENERAL MANAGER (PMU)
CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU-560 001
39. RANGASWAMY P.
THE DEPUTY GENERAL MANAGER (PROJECTS)
CORPORATE OFFICE, BESCOM
K R CIRLCE
BENGALURU-560 001
40. ATHEEBULLA KHAN
THE EXECUTIVE ENGINEER
TL & SS DIVISION, KPTCL
N R HOHALLA
MYSURU-570 007
41. RANGARAJU S.
THE EXECUTIVE ENGINEER
R T DIVISION KPTCL
MYSURU
42. ANANDA K.A.
EXECUTIVE ENGINEER
MAJOR WORKS DIVISION
KPTCL
BAGALKOT 58 7102
43. ROMARAJU M.
THE EXECUTIVE ENGINEER,
TAQC, O/O CHIEF ENGINEER,
O & M ZONE, BESCOM,
CHITRADURGA-577 501
44. GURAYYAMATH
THE EXECUTIVE ENGINEER
AUDIT PARA, KPTCL
-
9
KAVERI BHAVAN
BENGALURU 560 009
45. NAGARAJ S.R.
THE DEPUTY GENERAL MANAGER(PROJECTS)
CORPORATE OFFICE, BESCOM
KR CIRCLE
BENGALURU-560 001
46. LOKESH L.
THE EXECUTIVE ENGINEER
VIGILLANCE, CORPORATE OFFICE
CESC, NO.29, VIJAYANAGARA
2ND STAGE HINKAL
MYSURU 570 017
47. ABDUL REHAMAN
THE EXECUTIVE ENGINEER
BMRCL SADANANDANAGAR
BENNIGANA HALLI
BENGALURU-560 038
48. YOGESH B.K.
THE EXECUTIVE ENGINEER
O & M DIVISION
NR MOHALLA
CESC
MYSURU-570 007
49. RAMESH H.N.
THE EXECUTIVE ENGINEER
TL AND SS DIVISION
TORE KADANAHALLI
HALAGUR POST
MALAVALLI TALUK
MANDYA DISTRICT-571 421
50 . SHIVAKUMAR K.
THE EXECUTIVE ENGINEER
O & M DIVISION
MESCOM
CHIKAMAGALURU-577 101
51. VENKATESH P.K.
THE EXECUTIVE ENGINEER
KARNATAKA ELECTRICITY
-
10
REGULATORY COMMISSION
MILLERS TANK BUND
VASANTH NAGAR
BENGALURU-560 052
52. BASAVARAJ S.H.
THE EXECUTIVE ENGINEER
TL AND SS, KPTCL
MUNIRABAD
53. CHANNABASAPPA M.
THE EXECUTIVE ENGINEER
TL AND SS, KPTCL
SOMANHALLI, 220KV STATION
KANAKAPURA ROAD
BENGALURU 560 082
54. H.D. MAHESH
THE EXECUTIVE ENGINEER
MAJOR WORKS DIVISION
KPTCL, MANDYA
55. METI HANUMNTHAPPA
THE EXECUTIVE ENGINEER
C AND M DIVISION
GESCOM
HOSAPETE
56. NARAHARI K.R.
DGM, VIGILANCE
BESCOM IST FLOOR
CRESCENT TOWERS
CRESCENT ROAD
MADHAVANAGAR
BENGALURU-560 001
57. SALEEM
THE EXECUTIVE ENGINEER
TL AND SS
KPTCL PEENYA
BENGALURU
58. KITTUR M.M.
THE EXECUTIVE ENGINEER
HOTLINE DIVISION
-
11
KPTCL, VIDYUTH NAGAR
HUBBALLI 580 024
59. REVANSIDDAPPA G.M.
THE EXECUTIVE ENGINEER
MT DIVISION
BESCOM
CHITRADURGA
60. LOKESH BABU M.
THE EXECUTIVE ENGINEER,
MR. DIVISION,
BESCOM
BMAZ, GAVIPURAM
BENGALURU
61. RAMASWAMY R.
THE EXECUTIVE ENGINEER
PROJECTS
CORPORATE OFFICE,
CESC, NO. 29, VIJAYANGARA
2ND STAGE, HINKAL
MYSURU 570 017
62. AMARNATH N.
THE EXECUTIVE ENGINEER
KARNATAKA SOLAR POWER
DEVELOPMENT CORPORATION LTD.
SEEDS CORPORATION PREMISES
NEAR HEBBAL FLY OVER BUS STOP
BENGALURU
63. KHADARVALI S.
THE EXECUTIVE ENGINEER
GIS STATION
EAST DIVISION COMPOUND
RESIDENCY ROAD
BENGALURU - 560 001
64. SIDDAPPA BINJAGERI
THE EXECUTIVE ENGINEER
O & M DIVISION
HESCOM
BIJAPURA
-
12
65. KRISHNA MURTHY B.
THE DEPUTY GENERAL MANAGER
DAS, HSR LAYOUT
BESCOM
BENGALURU
66. MOHAMED MUSTHQ
THE EXECUTIVE ENGINEER
TECHNICAL SECTION
KPTCL
KAVERI BHAVAN
BENGALURU - 560 009
67. DINESH H.R.
THE EXECUTIVE ENGINEER
REGULATORY AFFAIRS
CORPORATE OFFICE
CESC, No.29 ,VIJAYANAGAR
2ND STAGE, HINKAL
MYSURU 570 017
68. GIRISH KUMAR M.
THE EXECUTIVE ENGINEER
RT DIVISION
KPTCL
MANGALORE
69 . BHARATHI K.S.
EXECUTIVE ENGINEER
O/O SUPERINTENDING ENGINEER
O & M CIRCLE
CESC SANTHEPETE
HASSAN 573 201
70 . SOMASHEKAR H.
THE EXECUTIVE ENGINEER
T L AND S.S DIVISION
KPTCL, HOOTAGALLI
MYSURU - 570 027
...RESPONDENTS
(BY SMT. SHWETHA KRISHNAPPA, AGA FOR R1;
SRI. SHIRISH KRISHNA., ADVOCATE FOR R2 & R3;
Ms. M.L. SUVARNA FOR SRI K.PUTTEGOWDA, ADVOCATES
FOR C/R4 & R5)
-
13
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER OF
THE LEARNED SINGLE JUDGE DATED 27.03.2023 IN WP
No.12567/2020 (S-RES).
IN WA NO 423 OF 2023:
BETWEEN:
1. RAMESH H.J.
THE GENERAL MANAGER
METERS & COMMERCIAL
CORPORATE OFFICE
BESCOM, K.R. CIRCLE
BENGALURU-560 001
2. RAMASWAMY M.L.
THE DEPUTY GENERAL MANAGER (OPERATION)
CORPORATE OFFICE, BESCOM
K.R. CIRCLE
BENGALURU-560 001
3. NAGARAJA M.L.
THE DEPUTY GENERAL MANAGER (OPERATION)
CORPORATE OFFICE, BESCOM
K.R. CIRCLE
BENGALURU-560 001
4. ROMARAJU M. DELETED
THE EXECUTIVE ENGINEER VIDE COURT ORDER
TAQC, O/O CHIEF ENGINEER DATED 27.04.2023
O AND M ZONE, BESCOM
CHITRADURGA-577 501
... APPELLANTS
(BY SRI. VIJAYA KUMAR, ADVOCATE)
AND
1. MALATESH N. KODLIYAVAR
S/O NEELAPPA M. KODLIYAVAR
AGED ABOUT 53 YEARS
WORKING AS DEPUTY GENERAL MANAGER
(QS AND S) CORPORATE OFFICE
BESCOM, K.R. CIRCLE
BENGALURU-560 001
-
14
2. B.V. PALANETRA
S/O B. VEERAPPA
AGED ABOUT 44 YEARS
WORKING AS EXECUTIVE ENGINEER
WHITEFIELD DIVISION, BESCOM
WHITEFILED
BENGALURU-560 060
3. SRI. MANJAPPA
S/O CHENNAMOOLYA
AGED ABOUT 55 YEARS
WORKING AS SUPERINTENDING
ENGINEER ELECTRICAL, O & M CIRCLE
MESCOM
MANGALORE
4. STATE OF KARNATAKA
BY ITS ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT, ENERGY DEPARTMENT
VIKASA SOUDHA, DR. AMBEDKAR VEEDHI
BENGALURU-560 001
5. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
REP.BY ITS MANAGING DIRECTOR
CAUVERY BHAVANA, K.G. ROAD
BENGALURU-560 009
6. THE DIRECTOR (ADMIN & HR)
KARNATAKA POWER TRANSMISSION CORPORATION
LIMITED, CAUVERY BHAVAN, K G ROAD
BENGALURU-560 009
7. KRISHNA MURTHY P
THE GENERAL MANAGER POWER PURCHASE
CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU-560 001
8. NAGARAJ G.P.
THE SUPERINTENDING ENGINEER
MESCOM BHAVANA, CORPORATE OFFICE
MESCOM, BEJAI KAVOOR ROAD
BEJAI
MANGALORE-575 004
-
15
9. PUSHPA S.A.
THE SUPERINTENDING ENGINEER
MESCOM BHAVANA, CORPORATE OFFICE
MESCOM, BEJAI, KAVOOR ROAD, BEJAI
MANGALORE-575 004
10 . SRINIVASAPPA
THE GENERAL MANAGER KREDL
SCOUTS BHAVANA, PALACE ROAD
BENGALURU -560 001
11 . VISHWANATHARAO SOLANKI R.
THE SUPERINTENDING ENGINEER
O AND M WEST CIRCLE BESCOM
NEXT TO CHORD ROAD HOSPITAL
SIDDAIAH PURANIK ROAD
BASAVESHWAR NAGAR
BENGALURU-560 079
12. SHIVARAM SINGH
THE SUPERINTENDING ENGINEER
BMRCL, DEEPANJALI NAGAR
MYSURU ROAD
BENGLAURU - 560 026
13. BASAVARAJ B PATIL
THE SUPERINTENDENT ENGINEER
O AND M CIRCLE, HESCOM
CHIKODI-591 201
14 . JAMES PHILIP
THE GENERAL MANAGER, DAS SECTION
CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU-560 001
15. SHARANAPPA M.T.
THE GENERAL MANAGER
KAVIKA
BAPUJINAGAR
MYSORE ROAD
BENGALURU-560 026
16. CHANDRAN T.S.
THE SUPERINTENDENT ENGINEER
-
16
C,O AND M NORTH CIRCLE, BESOCM
3RD FLOOR, CRESCENT TOWERS
CRESCENT ROAD, MADHAVANAGAR
BENGALURU-560 001
17 . GOPAL N. GAONKAR
THE SUPERINTENDING ENGINEER
W AND M CIRCLE, KPTCL
PRASARANA BHAVANA
FTS COMPOUND, NR MOHALLA
MYSURU-570 007
18. GURUSWAMY K.H.
THE SUPERINTENDING ENGINEER
O & M CIRCLE BESCOM
KOLAR-563 102
19. GIRIDHAR KULKARNI
THE SUPERINTENDING ENGINEER
O & M CIRCLE, HESCOM
NEHRU NAGAR
BELAGAVI-590 010
20. VENKATESH PRASAD R.
THE SUPERINTENDING ENGINEER
TRANSMISSION
W & M CIRCLE
KPTCL, VIDYANAGAR
SHIMOGGA-577 201
21 . SRIKANTH M. SASALATTI
THE SUPERINTENDING
ENGINEER
W & M CIRCLE
KPTCL NEHRU NAGAR
BELAGAVI 590 010
22. SRINIVAS T.V.
THE SUPERINTENDING ENGINEER (OFFICE)
O & M ZONE, BESCOM
CHITRADURGA 577 501
23 . SHASHIDHARA O.S.
THE SUPERINTENDING
-
17
ENGINEER IT AND MT
CORPORATE OFFICE
NAVANAGAR
HUBBALLI-580 025
24 . RAVINDRA K. (1964)
THE SUPERINTENDING ENGINEER
TL AND SS
KPTCL, ANAND RAO CIRCLE
BENGALURU - 560 009
25 . MITARE S.S.
THE SUPERINTENDING ENGINEER
RT CIRCLE, VIDYUT NAGAR
KPTCL, HUBALLI 580 024
26. HIREMATH K.G.
THE SUPERINTENDING ENGINEER
O AND M CIRCLE
HESCOM
BAGALKOT 587 101
27. PRAKASH V.
THE SUPERINTENDING ENGINEER
CORPORATE OFFICE
TECHINCAL, CESC No.29
VIJAYANGARA 2ND STAGE
HINKAL
MYSURU-570 017
28. ABDUL MAJID
THE SUPERINTENDING ENGINEER
BMRCI
DEEPANJALI NAGAR
MYSURU ROAD,
BENGALURU 560 026
29. ALLABAKASH B.
THE SUPERINTENDING ENGINEER
W AND M KPTCL
TUMKUR, ASHOK NAGAR
TUMAKURU 572 103
-
18
30. GIRISH B.V.
THE SUPERINTENDING ENGINEER
R T AND R AND D
KPTCL, KAVERI BHAVAN
BENGALURU 560 009
31. RAMESH H.G.
THE SUPERINTENDING ENGINEER
ELECTRICAL
BANGALORE RURAL O AND M
CIRCLE BESCOM
1ST FLOOR
TTMC BENGALURU 560 060
32. NAGESH S.
THE EXECUTIVE ENGINEER
TAQC CORPORATE OFFICE
CESC NO.29, VIJAYANAGARA
2ND STAGE, HINKAL
MYSURU 570 017
33. NATARAJA U.S.
THE EXECUTIVE ENGINEER
OFFICE OF THE CHIEF ENGINEER
O AND M ZONE
BALLARI-583 102
34. MOHAN RAO BIRADAR
THE SUPERINTENDING ENGINEER
TL AND SS KPTCL
RAMANAGARA CIRCLE
220 K V, R/S VRUSHABHAVATI
MYSURU ROAD
BENGALURU-560 039
35. SADEV MANAKERE
THE EXECUTIVE ENGINEER
CORPOATE OFFICE,
STATION ROAD, GESCOM
KALABURGI-585 102
36. SHARANAPPA G.
THE SUPERINTENDING ENGINEER
O AND M CIRCLE,
-
19
HESCOM, NEXT TO VDA
OFFICE MANGALURI ROAD
VIJAYAPURA -586 109
37. SWAMY H.S. (1961)
THE EXECUTIVE ENGINEER
MAJOR, WORKS DIVISION KPTCL
PRASARANA BHAVANA
FTS COMPOUNND, N R MOHALLA
MYSURU -570 007.
38. RIZWAN PASHA
THE DEPUTY GENERAL MANAGER
(PMU) CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU -560 001
39. RANGASWAMY P.
THE DEPUTY GENERAL MANAGER (PROJECTS)
CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU-560 001
40. ATHEEBULLA KHAN
THE EXECUTIVE ENGINEER
T L AND SS DIVISION
KPTCL, N.R. MOHALLA
MYSURU -570 007
41. SOMASHEKAR H.
EXECUTIVE ENGINEER
TL AND SS DIVISION, KPTCL
HOOTAGALLI
MYSURU-570 027
42. RANGARAJU S.
THE EXECUTIVE ENGINEER
RT DIVISION, KPTCL
MYSURU
43 . ANANDA K.A.
THE EXECUTIVE ENGINEER
MAJOR WORKS DIVISION
KPTCL, BAGALKOT-587 102
-
20
44. GURAYYAMATH
THE EXECUTIVE ENGINEER
AUDIT PARA KPTCL
KAVERI BHAVANA
BENGALURU -560 009
45. NAGARAJ S.R.
THE DEPUTY GNERAL MANAGER (PROJECTS)
CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU -560 001
46 . LOKESH L
THE EXECUTIVE ENGINEER,
VIGILANCE CORPORATE OFFICE
CESC NO.29,
VIJAYANAGAR, 2ND STAGE
HINKAL
MYSURU -570 017
47. ABDUL REHAMAN
THE EXECUTIVE ENGINEER
BMRCL, SADANANDANAGAR
BENNIGANA HALLI
BENGALURU-560038
48. YOGESH B.K.
THE EXECUTIVE ENGINEER
O AND M DIVISION
N R MOHALLA
CESC MYSURU -570 007
49. RAMESH H.N.
THE EXECUTIVE ENGINEER
T L & SS DIVISION
TOREKADANAHALLI, HALAGUR POST
MALAVALLI TALUK
MANDYA DISTRICT-571 421
50. SHIVAKUMAR K.
THE EXECUTIVE ENGINEER
O AND M DIVISION, MESCOM
CHIKAMAGALURU -577 101
-
21
51. VENKATESH P.K.
THE EXECUTIVE ENGINEER
KARNATAKA ELECTRICITY
REGULATORY COMMISSION
MILLERS TANK BUND
VASANTH NAGAR
BENGALURU -560 052
52. BASAVARAJ S.H.
THE EXECUTIVE ENGINEER
T L AND SS KPTCL
MUNIRABAD
53. CHANNABASAPPA M
THE EXECUTIVE ENGINEER,
T L AND SS KPTCL SOMANAHALLI
20 K V STATION
KANAKAPURA ROAD
BENGALURU -560 082
54 . H D MAHESH
THE EXECUTIVE ENGINEER
MAJOR WORKS DIVISION
KPTCL, MANDYA.
55. METI HANUMANTHAPPA
THE EXECUTIVE ENGINEER,
C AND M DIVISION, GESCOM
HOSPETE
56. NARAHARI K.R.
DGM VIGILANCE BESCOM
1ST FLOOR, CRESCENT TOWERS
CRESCENT ROAD,
MADHAVANAGAR
BENGALURU -560 001
57. SALEEM
THE EXECUTIVE ENGINEER
TL AND SS KPTCL, PEENYA
BENGALURU.
58. KITTUR M.M.
THE EXECUTIVE ENGINEER
HOTLINE DIVISION, KPTCL
-
22
VIDYUTH NAGAR,
HUBBALLI-580 024
59. REVANASIDDAPPA G.M.
THE EXECUTIVE ENGINEER
M T DIVISION, BESCOM
CHITRADURGA
60. LOKESH BABU M.
THE EXECUTIVE ENGINEER
M T DIVISION, BESCOM
BAMZ, GAVIPURAM
BENGALURU
61. RAMASWAMY R.
THE EXECUTIVE ENGINEER
PROJECTS CORPORATE OFFICE
CESC, NO.29, VIJAYANAGARA
2ND STAGE, HINKAL
MYSURU -570 017
62. AMARANATH N.
THE EXECUTIVE EINGINEER
KARNATAKA SOLAR POWER DEVELOPMENT
CORPORATION LTD.
SEEDS CORPORATION PREMISES
NEAR HEBBAL FLY OVER SUB STOP
BENGALURU
63. KHADARVALI S.
THE EXECUTIVE ENGINEER
GIS STATION, EAST DIVISION
COMPOUND RESIDENCY ROAD
BENGALURU -560 001
64. SIDDAPPA BINJAGERI
THE EXECUTIVE ENGINEER
O AND M DIVISION, HESCOM
BIJAPUR
65 . KRISHNAMURTHY B.
THE DEPUTY GENERAL MANAGER
DAS, HSR LAYOUT, BESCOM
BENGALURU
-
23
66. MOHAMED MUSHTAQ
THE EXECUTIVE ENGINEER
TECHNICAL SECTION, KPTCL
KAVERI BHAVAN
BENGALURU -560 009
67. SHASHIKUMAR H.S.
THE EXECUTIVE ENGINEER
RT DIVISION, KPTCL
MANDYA
68. SOMASHEKARA M.K.
THE EXECUTIVE ENGINEER
PURCHASE SECTION,
CORPORATE OFFICE, CESC,
NO.29, VIJAYANAGARA 2ND STAGE
HINKAL, MYSURU -570 017
69. DINESH H.R.
THE EXECUTIVE ENGINEER
REGULATORY AFFAIRS
CORPORATE OFFICE CESC
NO.29, VIJAYANAGARA 2ND STAGE
HINKAL, MYSURU -570 017
70. SUNIL KUMAR A.
THE EXECUTIVE ENGINEER
O AND M DIVISION, CESC
HUNSUR
71. GIRISH KUMAR M
THE EXECUTIVE ENGINEER
DIVISION, KPTCL
MANGALORE
72. BHARATHI K.S.
EXECUTIVE ENGINEER,
O/O SUPERINTENDING ENGINEER
O AND M CIRCLE
CESC SANTHEPETE
HASSAN-573 201
73. THIMMEGOWDA D.
THE EXECUTIVE ENGINEER
O AND M DIVISION
-
24
CHANDAPURA BESCOM
BENGALURU -560 099
74. SOMASHEKAR B.
THE EXECUTIVE ENGINEER
O AND M DIVISION, CESC
MADIKERI
... RESPONDENTS
(BY SRI. BASAVAPRABHU S PATIL, SENIOR COUNSEL A/W.
MS.M.L.SUVARNA, ADVOCATE FOR C/R1 & R2;
SMT. SHWETHA KRISHNAPPA, AGA FOR R4;
SRI SHIRISH KRISHNA, ADVOCATE FOR R5 & R6;
SMT.K.S. ANASUYADEVI, ADVOCATE FOR R17, R24, R32,
R41, R67, R68, R70 & R73)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO (a) SET ASIDE THE ORDER OF
THE LEARNED SINGLE JUDGE DATED 27.03.2023 PASSED IN
W.P.No.12567/2020 (ANNEXURE-A) AND DISMISS THE WRIT
PETITION AND ETC.
IN WA NO.427 OF 2023:
BETWEEN:
1. BASAVARAJ B PATIL
S/O BHEEMANAGOWDA
AGED ABOUT 58 YEARS
THE SUPERINTENDING ENGINEER
O AND M CIRCLE, HESCOM
CHIKODI-591 201
2. LOKESH K BABU M.
S/O LATE MAHADEVGOWDA
AGED ABOUT 58 YEARS
THE EXECUTIVE ENGINEER
MT DIVISION, BESCOM
BMAZ GAVIPURAM
BENGALURU
3. GIRIDHAR KULKARNI
S/O MADHUKAR RAO
AGED ABOUT 56 YEARS
THE SUPERINTENDING ENGINEER
-
25
O AND M CIRCLE
HESCOM, NEHRU NAGAR
BELAGAVI-590 010
4. SRIKANTH M SASALATTI
S/O MARUTHI SASALATTI
AGED ABOUT 56 YEARS
THE SUPERINTENDING ENGINEER
W & M CIRCLE
KPTCL, NEHRU NAGAR
BELAGAVI-590 010
5. ANANDA K.A.
S/O APPANNA HUCHHAPPA KESANUR
AGED ABOUT 53 YEARS
THE EXECUTIVE ENGINEER
MAJOR WORKS DIVISION
KPTCL, BAGALKOT-587 102
6. SHIVAKUMAR K.
S/O HALLAPPA
AGED ABOUT 53 YEARS
THE EXECUTIVE ENGINEER
O & M DIVISION, MESCOM
CHIKKAMAGALURU-577101
7. VENKATESH P.K.
S/O KODANDARAM PR
AGED ABOUT 53 YEARS
THE EXECUTIVE ENGINEER
KARNATAKA ELECTRICITY
REGULATORY COMMISSION
MILLERS TANK BUND
VASANTH NAGAR
BENGALURU-560 052
8 BASAVARAJ S.H.
LATE SHARANAYYA
AGED ABOUT 53 YEARS
THE EXECUTIVE ENGINEER
TL AND SS, KPTCL
MUNIRABAD
9. REVANASIDDAPPA G.M.
S/O MARALUSIDDAPPA
-
26
AGED ABOUT 55 YEARS
THE EXECUTIVE ENGINEER
MT DIVISION, BESCOM
CHITRADURGA
10. RAMASWAMY R.
S/O LATE RAMANNA
AGED ABOUT 53 YEARS
THE EXECUTIVE ENGINEER
MT DIVISION, CORPORATE OFFICE
CESC NO.29, VIJAYANAGAR 2ND STAGE
HINKAL, MYSURU-570 017
11. AMARNATH N.
S/O S. NARAYANAIAH
AGED ABOUT 52 YEARS
THE EXECUTIVE ENGINEER
KARNATAKA SOLAR POWER
DEVELOPMENT CORPORATION LTD.
SEEDS CORPORATION PREMISES
NEAR HEBBAL FLY OVER BUS STOP
BENGALURU
... APPELLANTS
(BY SRI. VAMSHI KRISHNA C., ADVOCATE)
AND:
1. MALATESH N KODLIYAVAR
S/O NEELAPPA M KODLYIYAVAR
AGED ABOUT 53 YEARS
WORKING AS DEPUTY GENERAL MANAGER
(QS AND S) CORPORATE OFFICE
BESCOM, K R CIRCLE
BENGALURU-560 001
2. B.V. PALANETRA
S/O B. VEERAPPA
AGED ABOUT 44 YEARS
WORKING AS EXECUTIVE ENGINEER
WHITEFIELD DIVISION
BESCOM, WHITEFIELD
BENGALURU-560 060
-
27
3. MANJAPPA
S/O CHENNAMOOLYA
AGED ABOUT 55 YEARS
WORKING AS SUPERINTENDING ENGINEER
ELECTRICAL, O AND M CIRCLE, MESCOM
MANGALURU
4. STATE OF KARNATAKA
BY ITS ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT, ENERGY DEPARTMENT
VIKASA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
5. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
REP. BY ITS MANAGING DIRECTOR
CAUVERY BHAVANA
K G ROAD
BENGALURU-560 009
6. THE DIRECTOR (ADMIN AND HR)
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
CAUVERY BHAVAN
K G ROAD
BENGALURU-560 009
7. KRISHNAMURTHY P.
THE GENERAL MANAGER
POWER PURCHASE
CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU-560 001
8. NAGARAJ G.P.
THE SUPERINTENDING ENGINEER
MESCOM, BHAVANA CORPORATE OFFICE
MESCOM, BEJAI KAVOOR ROAD
BEJAI, MANGALURU -575 004
9. PUSHPA S.A.
THE SUPERINTENDING ENGINEER
MESCOM BHAVANA, CORPORATE OFFICE
MESCOM, BEJAI KAVOOR ROAD
-
28
BEJAI, MANGALURU -575 004
10. RAMESH H.J.
THE GENERAL MANAGER
METER AND COMMERCIAL
CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU -560 001
11. SRINIVASAPPA
THE GENERAL MANAGER
KREDL, SCOUTS BHAVANA
PALACE ROAD
BENGALURU-560 001
12. VISHWANATHARAO SOLANKI R.
THE SUPERINTENDING ENGINEER
O AND M WEST CIRCLE
BESCOM, NEXT TO CHORD ROAD HOSPITAL
SIDDAIAH PURANIK ROAD
BASAVESHWARANAGAR
BENGALURU-560 079
13. SHIVARAM SINGH
THE SUPERINTENDING ENGINEER
BMRCL, DEEPANJALI NAGAR
MYSURU ROAD
BENGALURU-560 026
14. JAMES PHILIP
THE GENERAL MANAGER
DAS SECTION, CORPORATE OFFICE
BESCOM, K.R. CIRCLE
BENGALURU -560 001
15. SHARANAPPA M.T.
THE GENERAL MANAGER
KAVIKA, BAPUJINAGAR
MYSORE ROAD
BENGALURU -560 026
16. CHANDRAN T.S.
THE SUPERINTENDING ENGINEER
C, O AND M NORTH CIRCLE
-
29
BESCOM, 3RD FLOOR
CRESCENT TOWERS, CRESCENT ROAD
MADHAVANAGAR
BENGALURU -560 001
17. GOPAL N GAONKAR
THE SUPERINTENDING ENGINEER
W AND M CIRCLE
KPTCL, PRASANNA BHAVANA
FTS COMPOUND, N R MOHALLA
MYSURU -570 007
18. GURUSWAMY K.H.
THE SUPERINTENDING ENGINEER
O AND M CIRCLE
BESCOM
KOLAR-563 102
19. VENKATESH PRASAD R.
THE SUPERINTENDING ENGINEER
TRANSMISSION W AND M CIRCLE
KPTCL, VIDYANAGAR
SHIMOGGA -577 201
20. SRINIVAS T.V.
THE SUPERINTENDING ENGINEER (OFFICE)
O AND M ZONE, BESCOM
CHITRADURGA -577 501
21. SHASHIDHAR O.S.
THE SUPERINTENDING ENGINEER
IT AND MT, CORPORATE OFFICE
NAVANAGAR
HUBBALLI-580 025
22. RAVINDRA K. (1964)
THE SUPERINTENDING ENGINEER
TL AND SS, KPTCL
ANAND RAO CIRCLE
BENGLAURU-560 009
-
30
23. MITARE S.S.
THE SUPERINTENDING ENGINEER
RT CIRCLE, VIDYUT NAGAR
KPTCL, HUBBALLI-580 024
24. HIREMATH K.G.
THE SUPERINTENDING ENGINEER
O AND M CIRCLE
HESCOM
BAGALKOT-587 101
25. PRAKASH V.
THE SUPERINTENDING ENGINEER
CORPORATE OFFICE, TECHNICAL
CESC NO.29
VIJAYANAGARA 2ND STAGE
HINKAL, MYSURU-570 014
26. ABDUL MAJID
THE SUPERINTENDING ENGINEER
BMRCL, DEEPANJALI NAGAR
MYSURU ROAD
BENGALURU-560 026
27. ALLABAKSH B.
THE SUPERINTENDING ENGINEER
W AND M KPTCL
TUMKUR ASHOK NAGAR
TUMKUR 572 103
28. GIRISH B.V.
THE SUPERINTENDING ENGINEER
RT AND R AND D
KPTCL, KAVERI BHAVAN
BENGALURU-560 009
29. RAMESH H.G.
THE SUPERINTENDING ENGINEER
ELECTRICAL
BENGALURU RURAL O AND M
CIRCLE, BESOCM 1ST FLOOR
TTMC, BENGALURU 560 060
-
31
30. NAGESH S.
THE EXECUTIVE ENGINEER
TAQC, CORPORATE OFFICE,
CESC NO.29 VIJAYANAGARA,
2ND STAGE, HINKAL
MYSURU-570 017
31. RAMASWAMY M.L.
THE DEPUTY GENERAL MANAGER
(OPERATION), CORPORATE OFFICE
BESCOM, K.R CIRCLE
BENGALURU-560 001
32. NATARAJ U.S.
THE EXECUTIVE ENGINEER
OFFICE OF THE CHIEF ENGINEER
O AND M ZONE
BELLARI-583 102
33. MOHAN RAO BIRADAR
THE SUPERINTENDING ENGINEER
T L AND SS, KPTCL
RAMANAGARA CIRCLE
220 KV, R/S VRUKSHABHAVATI
MYSURU ROAD
BENGALURU-560 039
34. SADEV MANAKARE
THE EXECUTIVE ENGINEER
COPORATE OFFICE
STATION OFFICE ROAD
GESCOM
KALABURAGI-585 102
35. SHARANAPPA G.
THE SUPERINTENDING ENGINEER
O AND M CIRCLE,
HESCOM
NEXT TO VDA OFFICE
MANAGULI ROAD
VIJAYAPURA-586 109
-
32
36. NAGARAJA M.L.
THE DEPUTY GENERAL MANAGER
CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU-560 001
37. SWAMY H.S. ( 1961)
THE EXECUTIVE ENGINEER
MAJOR WORKS DIVISION
KPTCL, PRASARANA BHAVANA
FTS COMPOUND
N.R. MOHALLA
MYSURU-570 007
38. RIZWAN PASHA
THE DEPUTY GENERAL MANAGER (PMU)
CORPORATE OFFICE, BESCOM
K.R. CIRICLE
BENGALURU-560 001
39. RANGASWAMY P.
THE DEPUTY GENERAL MANAGER (PROJECTS)
CORPORATE OFFICE, BESCOM
K.R. CIRICLE
BENGALURU-560 001
40. ATHEEBULLA KHAN
THE EXECUTIVE ENGINEER
TL AND SS DIVISION,KPTCL
N.R. MOHALLA
MYSURU-570 007
41 . SOMESHKAR H.
EXECUTIVE ENGINEER,
TL AND SS DIVISION, KPTCL
HOTAGALLI
MYSURU-570 027
42. ROMARAJU M.
THE EXECUTIVE ENGINEER
TAQC, O/O CHIEF ENGINEER
O AND M ZONE, BESCOM
CHITRADURGA-577 501
-
33
43. GURUYYAMATH
TEH EXECUTIVE ENGINEER
AUDIT PARA, KPTCL
KAVERI BHAVAN
BENGALURU- 560 009
44. NAGARAJ S.R.
THE DEPUTY GENERAL MANAGER (PROJECTS)
CORPORATE OFFICE, BESCOM
K.R. CIRCLE
BENGALURU-560 001
45. ABDUL REHAMAN,
THE EXECUTIVE ENGINEER,
BMRCL, SADANANDANAGAR
BENNIGANA HALLI
BENGALURU-560 038
46. RAMESH H.N.
THE EXECUTIVE ENGINEER
T AND SS DIVISION
TOREKADANAHALLI, HALAGURU POST,
MALAVALLLI TALUK
MANDYA DISTRICT-571 421
47. CHANNASAPPA M.
THE EXECUTIVE ENGINEER
TL AND SS, KPTCL, SOMANAHALLI
220 KV STATION
KANAKAPURA ROAD
BENGALURU-560 082
48 . METI HANUMANTHAPPA
THE EXECUTIVE ENGINEER
C AND M DIVISION, GESCOM
HOSPETE
49. NARAHARI K.R.
DGM, VIGILANCE,
BESCOM, 1ST FLOOR
CRESCENT TOWERS, CRESCENT ROAD
MADHAVANAGAR
-
34
BENGALURU-560 001
50. SALEEM,
THE EXECUTIVE ENGINEER
TL AND SS, KPTCL, PEENYA
BENGALURU
51. KITTUR M.M.
THE EXECUTIVE ENGINEER
HOTLINE DIVISION, KPTCL
VIDYUTH NAGAR
HUBBALLI-580 024
52. KHDARVALI S.
THE EXECUTIVE ENGINEER
GIS STATION, EAST DIVISION
COMPOUND, RESIDENCY ROAD
BENGALURU-560 001
53. SIDDAPPA BINJAGERI
THE EXECUTIVE ENGINEER
O AND M DIVISION, HESCOM
BIJAPUR
54. KRISHNA MURTHY
THE DEPUTY GENERAL MANAGER
DAS, HSR LAYOUT
BESCOM
BENGALURU
55. MOHAMED MUSHTAQ
THE EXECUTIVE ENGINEER
TECHNICAL SECTION. KPTCL
KAVERI BHAVAN
BENGALURU-560 009
56. SHASHI KUMAR H.S.
THE EXECUTIVE ENGINEER
R.T DIVISION, KPTCL
MANDYA
-
35
57. SOMASHEKARA M.K.
THE EXECUTIVE ENGINEER
PURCHASE SECTION
CORPORATE OFFICE, CESC
NO.29, VIJAYANAGAR 2ND STAGE
HINKAL, MYSURU - 570 017
58. DINESH H.R.
THE EXECUTIVE ENGINEER
REGULATORY AFFAIRS
CORPORATE OFFICE, CESC, NO.29
VIJAYANAGAR 2ND STAGE
HINKAL, MYSURU - 570 017
59. SUNIL KUMAR A.A.
THE EXECUTIVE ENGINEER
O AND M DIVISION, SESC
HANSUR
60. GIRISH KUMAR M.
THE EXECUTIVE ENGINEER,
RT DIVISION, KPTCL
MANGALURU
61. BHARATHI K.S.
THE EXECUTIVE ENGINEER
O/O SUPERINTENDING ENGINEER
O AND M CIRCLE, CESC
SANHEPETE, HASSAN-573 201
62. THIMMEGOWDA D.
THE EXECUTIVE ENGINEER
O AND M DIVISION
CHANDRAPURA, BESCOM
BENGALURU - 560 009
63. SOMASHEKAR B.
THE EXECUTIVE ENGINEER
O AND M DIVISION, CESC
MADIKERI
-
36
64. LOKESH L.
S/O LATE LAKKANNA B.
AGED ABOUT 56 YEARS
THE EXECUTIVE ENGINEER
VIGILANCE, CORPORATE OFFICE
CESC, NO.29,
VIJAYANAGARA, 2ND STAGE
HINKAL, MYSURU - 570 017
65. H.D. MAHESH
H.H. DODDEGOWDA
AGED ABOUT 53 YEARS
THE EXECUTIVE ENGINEER
MAJOR WORKS DIVISION
KPTCL, MANDYA
66. RANGARAJU S.
S/O SRINIVAS MURTHY
AGED ABOUT 53 YEARS
THE EXECUTIVE ENGINEER
R.T. DIVISION KPTCL
MYSURU
67. YOGESH B.K.
S/O KEMPEGOWDA
AGED ABOUT 54 YEARS
THE EXECUTIVE ENGINEER
O AND M DIVISION
N.R. MOHALLA
CESC, MYSURU- 570 007
... RESPONDENTS
(BY MS. M.L. SUVARNA, ADVOCATE FOR
SRI K.PUTTEGOWDA, ADVOCATE FOR C/R1 & R2;
SMT. SHWETHA KRISHNAPPA, AGA FOR R4;
SRI. K.N. PHANINDRA, SENIOR COUNSEL A/W.
SRI. SHIRISH KRISHNA, ADVOCATE FOR R5 & R6;
SMT. K.S. ANASUYADEVI, ADVOCATE FOR R17, R22, R30,
R41, R56, R57, R59 & R62)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO (a) CALL FOR THE RECORDS IN
WP No.12567/2020 (S-RES) WHICH WAS ALLOWED BY ORDER
DATED 27.03.2023 (b) SET ASIDE THE JUDGMENT DATED
-
37
27.03.2023 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.No.12567/2020 (S-RES) AND ALLOW THE INSTANT WRIT
APPEAL AND CONSEQUENTLY DISMISS THE W.P.No.12567/2020
(S-RES) AND ETC.
IN WA NO 437 OF 2023:
BETWEEN:
1. PUSHPA S.A.
D/O LATE B.R. ACHUTHA MURTHY
AGED ABOUT 57 YEARS
CHIEF ENGINEER (ELECTRICITY)
O AND M ZONE, SHAKTI SOUDHA
MESCOM, KAVOORU
MANGALORE - 575 004
2. SRINIVASAPPA
S/O ESHWARAPPA
AGED ABOUT 62 YEARS
RETIRED CHIEF ENGINEER
R/AT NO.170
SRI VAJRAKAYA NILAYA
6TH CROSS, GRUHALAKSHMI LAYOUT
BENGALURU-73
3. JAMES PHILIP
S/O LATE P.M. PHILIP
AGED ABOUT 58 YEARS
CHIEF ENGINEER, SLDC
KPTCL, NO.28, RACE COURSE ROAD
A R CIRCLE
BENGALURU-560 009
AND R/AT NO.698/C
2ND, A MAIN ROAD
A BLOCK, KONENA AGRAHARA
VINAYAKANAGARA
BENGALURU-17
4. S.S. MITHARE
S/O SHIVARAYA MITHARE
AGED ABOUT 59 YEARS
WORKING AS
NO.14/3, 3RD FLOOR
-
38
MAHARSHI ARAVINDA BHAVAN
NRUPATHUNGA ROAD
BENGALURU-01
AND R/AT PLOT NO.176
NISARGA LAYOUT
DHARWAD-580 003
5. GIRISH B.V.
S/O B S VENKATESH
AGED ABOUT 56 YEARS
CHIEF ENGINEER (ELE)
RT AND R AND D, KPTCL
5TH FLOOR, KAVERI BHAVAN
BENGALURU-560 009
AND R/AT NO.336, BHARANI
12TH CROSS, 1ST MAIN
KENGERI SATELLITE TOWN
BENGALURU - 560 060
6. M. GIRISH KUMAR
S/O MALLACHARI
AGED ABOUT 51 YEARS
SUPERINTENDING ENGINEER
MRT CIRCLE, MESOCM, ATTAVARA
MANGALURU - 570 001
AND R/AT FLAT NO.103
C WING, VRUNDAVANA APARTMENT
GANDHINAGAR, MANNAGUDDA
MANGALURU-575 003
7. M. ROMARAJU
S/O MYLAPPA
AGED ABOUT 56 YEARS
CHIEF ENGINEER
HOTLINE SRS, PEENYA
BENGALURU-560 058
AND R/AT 142
3RD MAIN ROAD
DHAWALAGIRI LAYOUT
CHITRADURGA-577 501
-
39
8. KRISHNAMURTHY
S/O J. BABU NARASIMHAN
AGED ABOUT 54 YEARS
WORKING AS SUPERINTENDING
ENGINEER (ELE)
O AND M CIRCLE
CESC, MANDYA-571 401
AND R/ AT NO.47
6TH CROSS, 7TH MAIN
NAYAK LAYOUT
J P NAGAR
8TH PHASE
BENGALURU - 560 076
... APPELLANTS
(BY SRI. SUBRAMANYA BHAT M., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT
ENERGY DEPARTMENT
VIKASA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU-560 001
2. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
REP. BY ITS MANAGING DIRECTOR
CAUVERY BHAVAN
K G ROAD
BENGALURU-560 009
3. THE DIRECTOR (ADMN & HR)
KARNATAKA POWER TRANSMISSION
CORPORTION LIMITED
CAUVERY BHAVAN
K.G.ROAD
BENGALURU - 560 009
-
40
4. MALATESH N KODLIYAVAR
S/O NEELAPPA M KODLIYAVAR
AGED ABOUT 53 YEARS
WORKING AS DEPUTY GENERAL
MANAGER (QS AND S)
CORPORATE OFFICE
BESCOM, K.R. CIRCLE
BENGALURU-560 001
5. B.V. PALANETRA
S/O B. VEERAPPA
AGED ABOUT 44 YEARS
WORKING AS EXECUTIVE ENGINEER
WHITEFIELD DIVISION
BESCOM, WHITEFIELD
BENGALURU-560 060
6. MANJAPPA
S/O CHENNAMOOLYA
AGED ABOUT 55 YEARS
WORKING AS SUPERINTENDING
ENGINEER ELECTRICAL
O AND M CIRCLE, MESCOM
MANGALURU- 575 004
... RESPONDENTS
(BY SMT. SHWETHA KRISHNAPPA, AGA FOR R1;
SRI. SHIRISH KRISHNA, ADVOCATE FOR R3;
MS. M.L. SUVARNA, ADVOCATE FOR
SRI. K. PUTTEGOWDA FOR C/R4 & R5)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO ALLOW THIS WRIT APPEAL AND
SET ASIDE THE ORDER DATED 27.03.2023 PASSED IN WP
No.12567/2020 (S-RES), ON THE FILE OF THE LEARNED SINGLE
JUDGE AND DISMISS THE ABOVE WRIT PETITION.
IN WA NO 983 OF 2023:
BETWEEN:
1. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
REP. BY IT MANAGING DIRECTOR
-
41
CAUVERY BHAVAN, K.G. ROAD
BENGALURU-560 009
2. THE DIRECTOR (ADMN & HR)
CAUVERY BHAVAN, K.G. ROAD
BENGALURU -560 009
... APPELLANTS
(BY SRI. SHIRISH KRISHNA, ADVOCATE)
AND:
SRI. M.L. RAMASWAMY
S/O LATE S. LAKSHMAN NAIK
AGED ABOUT 52 YEARS
WORKING AS SUPERINTENDING ENGINEER
(IN CHARGE)
HRD CENTRE, SHAKTHI NAGAR
MANAGALORE ELECTRICITY SUPPLY
COMPANY LIMITED
MANGALURU-575 001
... RESPONDENT
(BY SRI. SATISH K., ADVOCATE FOR C/R1)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT, PRAYING TO ALLOW THE INSTANT WRIT APPEAL
AND SET ASIDE THE IMPUGNED ORDER DATED 09.06.2023
RENDERED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE
COURT IN WP No.16594/2022, AND CONSEQUENTLY DISMISS
THE PETITION IN WP No.16594/2022 (ANNEXURE-A) AND ETC.
IN WA NO.1211 OF 2023:
BETWEEN:
1. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
REP. BY ITS MANAGING DIRECTOR
CAUVERY BHAVAN
K.G. ROAD
BENGALURU-560 009
2. THE DIRECTOR (ADMIN & HR)
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
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42
CAUVERY BHAVAN, K.G. ROAD
BENGALURU-560 009
... APPELLANTS
(BY SRI. S.S. NAGANAND, SENIOR COUNSEL A/W.
SRI. SHIRISH KRISHNA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT, ENERGY DEPARTMENT
VIKASA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU-560 001
2. MALATESH N. KODIYAVAR
S/O NEELAPPA M KODLIYAVAR
WORKING AS DEPUTY GENERAL MANAGER
(QI AND S)
CORPORATE OFFICE, BESCOM
K.R. CIRCLE
BENGALURU-560 001
3. B.V. PALA NETRA
S/O B. VEERAPPA
AGED ABOUT 44 YEARS
WORKING AS EXECUTIVE ENGINEER
WHITEFIELD DIVISION
BESCOM, WHITEFIELD
BENGALURU-560 060
4. MANJAPPA
S/O CHENNAMOOLYA
AGED ABOUT 55 YEARS
WORKING AS SUPERINTENDING ENGINEER
ELECTRICAL, O AND M CIRCLE
MESCOM
MANGALURU -575 001
5. KRISHNA MURTHY P.
THE GENERAL MANAGER POWER PURCHASE
CORPORATE OFFICE, BESCOM
K R CIRCLE
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43
BENGALURU-560 001
6. NAGARAJ G.P.
THE SUPERINTENDING ENGINEER
MESCOM, BHAVANA CORPORATE OFFICE
MESCOM, BEJAI KAVOOR ROAD
BEJAI, MANGALURU-575 004
7. PUSHPA S.A.
THE SUPERINTENDING ENGINEER
MESCOM BHAVANA, CORPORATE OFFICE
MESCOM, BEJAI, KAVOOR ROAD
BEJAI, MANGALURU -575 004
8. RAMESH H.J.
THE GENERAL MANAGER
METERS AND COMMERCIAL
CORPORATE OFFICE
BESCOM, K R CIRCLE
BENGALURU-560 001
9. SRINIVASAPPA
THE GENERAL MANAGER
KREDL, SCOUTS BHAVANA
PALACE ROAD
BENGALURU-560 001
10. VISHWANATHARAO SOLANKI R.
THE SUPERINTENDING ENGINEER
O & M WEST CIRCLE, BESCOM
NEXT TO CHORD ROAD HOSPITAL
SIDDAIAH PURANIK ROAD
BASAVESHWARA NAGAR
BENGALURU-560 0079
11. SHIVARAM SINGH
THE SUPERINTENDING ENGINEER, BMRCL
DEEPANJALI NAGAR, MYSURU ROAD
BENGALURU -560 026
12. BASAVARAJ B PATIL
THE SUPERINTENDENT ENGINEER
O AND M CIRCLE, HESCOM
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44
CHIKODI-591 201
13. JAMES PHILIP
THE GENERAL MANAGER,
DAS SECTION
CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU-560 001
14. SHARANAPPA M.T.
THE GENERAL MANAGER, KAVIKA
BAPUJINAGAR, MYSORE ROAD
BENGALURU-560 026
15. CHANDRAN T.S.
THE SUPERINTENDENT ENGINEER
C, O AND M NORTH CIRCLE, BESCOM
3rd FLOOR, CRESCENT TOWERS
CRESCENT ROAD, MADHAVANAGAR
BENGALURU-560 001
16. GOPAL N. GAONKAR
THE SUPERINTENDING ENGINEER
W AND M CIRCLE, KPTCL
PRASARANA BHAVANA, FTS COMPOUND
NR MOHALLA
MYSURU-570 007
17. GURUSWAMY K.H.
THE SUPERINTENDING ENGINEER
O AND M CIRCLE, BESCOM
KOLAR-563102
18. GIRIDHAR KULKARNI
THE SUPERINTENDING ENGINEER
O AND M CIRCLE, HESCOM
NEHRU NAGAR
BELAGAVI-590 010
19. VENKATESH PRASAD R.
THE SUPERINENDING ENGINEER
TRANSMISSION, W AND M CIRCLE
KPTCL, VIDYANAGAR
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45
SHIMOGGA-577 201
20. SRIKANTH M. SASALATTI
THE SUPERINTENDING ENGINEER
W AND M CIRCLE, KPTCL
NEHRU NAGAR
BELAGAVI-590 010
21. SRINIVAS T.V.
THE SUPERINTENDING ENGINEER, (OFFICE)
O AND ZONE, BESCOM
CHITRADURGA-577 501
22. SHASHIDHAR O.S.
THE SUPERINTENDING ENGINEER
IT AND M T, CORPORATE OFFICE
NAVANAGAR
HUBBALLI-580 025
23. RAVINDRA K. (1964)
THE SUPERINTENDING ENGINEER,
TL AND SS
KPTCL, ANAND RAO CIRCLE
BENGALURU-560 009
24. MITARE S.S.
THE SUPERINTENDING ENGINEER
RT CIRCLE, VIDYUT NAGAR, KPTCL
HUBBALLI-580 009
25. HIREMATH K.G.
THE SUPERINTENDING ENGINEER
O AND M CIRCLE, HESCOM
BAGALKOT-587 101
26. PRAKASH V.
THE SUPERINTENDING ENGINEER
CORPORATE, OFFICE TECHNICAL
CESC, No.29, VIJAYANGARA 2ND STAGE
HINKAL, MYSURU-570 014
27. ABDUL MAJID
THE SUPERINTENDING ENGINEER
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46
BMRCL, DEEPANJALI NAGAR
MYSURU ROAD
BENGALURU-560 026
28. ALLABAKSH B.
THE SUPERINTENDING ENGINEER
W AND M, KPTCL, TUMKUR
ASHOK NAGAR
TUMKUR-572 103
29. GIRISH B.V.
THE SUPERINTENDING ENGINEER
RT AND R AND D, KPTCL
KAVERI BHAVAN
BENGALURU-560 009
30. RAMESH H.G.
THE SUPERINTENDING ENGINEER
ELECTRICAL, BENGALURU RURAL
O AND M CIRCLE, BESOCM
1ST FLOOR, TTMC
BENGALURU-560 060
31. NAGESH S.
THE EXECUTIVE ENGINEER, TAQC
CORPORATE OFFICE, CESC, NO.29
VIJAYANAGARA 2ND STAGE, HINKAL
MYSURU-570 017
32. RAMASWAMY M.L.
THE DEPUTY GENERAL MANAGER (OPERATION)
CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU-560 001
33. NATARAAJ U.S.
THE EXECUTIVE ENGINEER
OFFICE OF THE CHIEF ENGINEER
O AND M ZONE
BALLARI-583 102
34. MOHAN RAO BARADAR
THE SUPERINTENDING ENGINEER
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47
TL AND SS, KPTCL, RAMANAGARA CIRCLE
220 KV, R/S. VRUSHABHAVATI
MYSURU ROAD
BENGALURU-560 039
35. SADEV MANKARE
THE EXECUTIVE ENGINEER
CORPORATE OFFICE, STATION ROAD
GESCOM, KALABURGI -585 102
36. SHARANAPPA G.
THE SUPERINTENDING ENGINEER
O AND M CIRCLE, HESCOM
NEXT TO VDA OFFICE, MANAGULI ROAD
VIJAYAPURA-5861 09
37. NAGARAJ M.L.
THE DEPUTY GENERAL MANAGER
CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU-560 001
38. SWAMY H.S. (1961)
THE EXECUTIVE ENGINEER
MAJOR WORKS DIVISION, KPTCL
PRASARANA BHAVANA
FTS COMPOUND, N R MOHALLA
MYSURU-570 007
39. RIZWAN PASHA
THE DEPUTY GENERAL MANAGER (PMU)
CORPORATE OFFICE BESCOM
K R CIRCLE
BENGALURU-560 001
40. RANGASWAMY P.
THE DEPUTY GENERAL MANAGER (PROJECTS)
CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU-560 001
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48
41. ATHEEBULLA KHAN
THE EXECUTIVE ENGINEER
TL AND SS DIVISION, KPTCL
N R MOHALLA
MYSURU-570 007
42. SOMASHEKAR H.
EXECUTIVE ENGINEER
TL AND SS DIVISION
KPTCL, HOOTAGALLI
MYSURU-570 027
43. RANGARAJU S.
THE EXECUTIVE ENGINEER
R T DIVISION, KPTCL
MYSURU- 570 007
44. ANANDA K.A.
THE EXECUTIVE ENGINEER
MAJOR WORKS DIVISION, KPTCL
BAGALKT-587 102
45. ROMARAJU M.
THE EXECUTIVE ENGINEER
TAQC, O/O. CHIEF ENGINEER
O AND M ZONE, BESCOM
CHITRADURGA-577 501
46. GURAYYAMATH
THE EXECUTIVE ENGINEER
AUDIT PARA, KPTCL, KAVERI BHAVAN
BENGALURU-560 009
47. NAGARAJ S.R.
THE DEPUTY GENERAL MANAGER (PROJECTS)
CORPORATE OFFICE, BESCOM
K R CIRCLE
BENGALURU-560 001
48. LOKESH L.
THE EXECUTIVE ENGINEER
VIGILANCE
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49
CORPORATE OFFICE, CESC
NO.29, VIJAYANAGARA 2ND STAGE
HINKAL, MYSURU-570 017
49. ABDUL REHMAN
THE EXECUTIVE ENGINEER, BMRCL
SADANANDANAGAR
BENNIGANA HALLI
BENGALURU-560 038
50. YOGESH B.K.
THE EXECUTIVE ENGINEER
O AND M DIVISION
N R MOHALLA, CESC
MYSURU-570 007
51. RAMESH H.N.
THE EXECUTIVE ENGINEER
TL AND SS DIVISION,
TORE KADANAHALLI, HALAGURU POST
MALAVALLI TALUK
MANDYA DISTRICT-571 421
52. SHIVAKUMAR K.
THE EXECUTIVE ENGINEER
KARNATAKA ELECTRICITY
REGULATORY COMMISSION
MILLERS TANK BUND
VASANTH NAGAR
BENGALURU-560 052
53. VENKATESH P.K.
THE EXECUTIVE ENGINEER
KARNATAKA ELECTRICITY
REGULATORY COMMISSION
MILLERS TANK BUND
VASANTH NAGAR
BENGALURU 560 052
54. BASAVARAJ S.H.
THE EXECUTIVE ENGINEER
TL AND SS, KPTCL
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50
MUNIRABAD-583 233
55. CHANNAASAPPA M.
THE EXECUTIVE ENGINEER
TL AND SS, KPTCL, SOMANAHALLI
220KV STATION, KANAKAPURA ROAD
BENGALURU- 560 082
56. H.D. MAHESH
THE EXECUTIVE ENGINEER
MAJOR WORKS DIVISION
KPTCL, MANDYA 571 401
57. METI HANUMANTHAPPA
THE EXECUTIVE ENGINEER
C AND M DIVISION
GESCOM
HOSAPET-583 201
58. NARAHARI K.R.
DGM, VIGILIANCE, BESCOM
1ST FLOOR, CRESCENT TOWERS
CRESENT ROAD
MADHAVA NAGAR
BENGALURU-560 001
59. SALEEM
THE EXECUTIVE ENGINEER
TL AND SS
KPTCL, PEENYA
BENGALURU - 560 058
60. KITTUR M.M.
THE EXECUTIVE ENGINEER
HOTLINE DIVISION, KPTCL
VIDYUTH NAGAR
HUBBALLI-580 024
61. REVANASIDDAPPA G.M.
THE EXECUTIVE ENGINEER
MT DIVISION, BESCOM
CHITRADURGA-577 501
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62. LOKESH BABU M.
THE EXECUTIVE ENGINEER
MT DIVISION, BESCOM
BMAZ GAVIPURAM
BENGALURU-560 019
63. RAMASWAMY R.
THE EXECUTIVE ENGINEER
MT DIVISION, CORPORATE OFFICE
CESC NO.29
VIJAYANAGAR 2ND STAGE
HINKAL, MYSURU-570 017
64. AMARNATH N.
THE EXECUTIVE ENGINEER
KARNATAKA SOLAR POWER DEVELOPMENT
CORPORATION LTD.
SEEDS CORPORATION PREMISES
NEAR HEBBAL FLY OVER BUS STOP
BENGALURU-560 024
65. KHADARVALI S.
THE EXECUTIVE ENGINEER
GAS STATION, EAST DIVISON
COMPOUND, RESIDENCY ROAD
BENGALURU-560 001
66. SIDDAPPA BINJAGERI
THE EXECUTIVE ENGINEER
O AND M DIVISION, HESCOM
BIJAPUR-586 109
67. KRISHNA MURTHY B.
THE DEPUTY GENERAL MANAGER
DAS, HSR LAYOUT
BESCOM
BENGALURU-560 102
68. MOHAMED MUSHTAQ
THE EXECUTIVE ENGINEER
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52
TECHNICAL SECTION, KPTCL
KAVERI BHAVAN
BENGALURU-560 009
69. SHASHI KUMAR H.S.
THE EXECUTIVE ENGINEER
RT DIVSION, KPTCL
MANDYA-571 401
70. SOMASHEKARA M.K.
THE EXECUTIVE ENGINEER
PURCHASE SECTION
CORPORATE OFFICE, CESC, No.29
VIJAYANAGAR 2ND STAGE, HINKAL
MYSURU - 570 017
71. DINESH H.R.
THE EXECUTIVE ENGINEER
REGULATORY AFFAIRS
CORPORATE OFFICE, CESC, NO.29
VIJAYANAGAR 2ND STAGE
HINKAL
MYSURU - 570 017
72. GIRISH KUMAR M.
THE EXECUTIVE ENGINEER
RT DIVISION
KPTCL
MANGALURU - 575 001
73. BHARATHI K.S.
THE EXECUTIVE ENGINEER
0/2 SUPERINTENDING ENGINEER
O AND M CIRCLE, CESC
SANTHEPETE
HASSAN-573 201
74. THIMMEGOWDA D.
THE EXECUTIVE ENGINEER
O AND M DIVISION
CHANDAPURA, BESCOM
BENGALURU-560 009
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75. SOMASHEKAR B.
THE EXECUTIVE ENGINEER
O AND M DIVISION
CESC
MADIKERI-571 201
... RESPONDENTS
(BY SMT. SHWETHA KRISHNAPPA, AGA FOR R1;
SRI. R. SUBRAMANYA AND MS. M.L. SUVARNA,
ADVOCATES FOR R2, R3 & R4;
SRI. SUBRAMANYA BHAT, ADVOCATE FOR R7, R9,
R11TO R14, R22, R24, R28, R29, R33, R36, R44, R46,
R52, R54, R61, R64, R67, R73 & R75;
SRI.VIJAY KUMAR V.B., ADVOCATE FOR R8, R18, R20,
R25, R32, R34, R37 & R45;
SMT. K.S. ANASUYADEVI, ADVOCATE FOR R16, R23, R31,
R42, R69, R70, R72 & R74;
SRI. ASHOK N. PATIL, ADVOCATE FOR R39, R40, R47,
R49, R54, R58, R59, R65 & R68;
SRI. VAMSHI KRISHNA, ADVOCATE FOR R12, R18, R20,
R44, R52 TO R54 & R61 TO R64)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED
27.03.2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS
HON'BLE COURT IN W.P. No.12567/2020 AND CONSEQUENTLY
DISMISS THE WP No.12567/2020 WITH EXEMPLARY COSTS, IN
THE INTERESTS OF JUSTICE AND EQUITY.
THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 10.07.2025 AND COMING ON FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN
J., PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE DR. JUSTICE K.MANMADHA RAO
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54
CAV JUDGMENT
(PER: HON’BLE MRS. JUSTICE ANU SIVARAMAN)
The Writ Appeals No.414/2023, 423/2023, 427/2023,
437/2023 and 1211/2023 are filed aggrieved by a common
order dated 27.03.2023 passed by the learned Single Judge
in Writ Petition No.12567/2020 (S-RES) and Writ Appeal
No.983/2023 is filed aggrieved by an order dated
09.06.2023 passed by the learned Single Judge in Writ
Petition No.16594/2022 (S-PRO).
2. We have heard Shri. S.S.Naganand, learned
senior counsel along with Shri. Phanindra, learned senior
counsel for Shri. Shirish Krishna, learned advocate
appearing for Karnataka Power Transmission Corporation
Limited (‘KPTCL’ for short) and Smt. Shweta Krishnappa,
learned Additional Government Advocate appearing for the
State and also Shri. Basavaprabhu S. Patil, learned senior
counsel as instructed by Ms. M.L. Suvarna along with Shri.
Puttegowda and Shri. R. Subramanya learned advocates,
Shri. R. Devdas learned senior counsel as instructed by Smt.
Anasuya Devi, Shri. Vijaya Kumar, Shri. Vamshi Krishna,
–
55
Shri. Subramanya Bhat, Shri. Satish. K and Shri. Ashok. N.
Patil, learned counsels appearing for the contesting parties.
3. The Writ Petitions were filed challenging an
endorsement dated 05.03.2020 issued by the Director
(Admin and HR), KPTCL rejecting the request of the Writ
Petitioners for revision of their seniority. Further prayer was
made seeking directions to the respondents to issue fresh
seniority lists in terms of the declaration of law by the Apex
Court in K.Narayanan and Others v. State of Karnataka
and others reported in 1994 Supp. (1) SCC 44 and in P.
Sudhakar Rao and others v. U.Govind Rao and Others
reported in (2013) 8 SCC 693.
4. After considering the contentions of the parties,
the learned Single Judge held that the fixation of seniority of
the petitioners in the post of Assistant Engineers is violative
of the principles evolved by the Apex Court in the decisions
relied on by the petitioners. Though a specific case was
taken up by the appellants who were the contesting
respondents that they had been promoted to the post of
Assistant Executive Engineers and thereafter till Chief
–
56
Engineers on the basis of the settled seniority and that there
is gross and unexplained delay on the part of the Writ
Petitioners in challenging the seniority. The learned Single
Judge rejected the said contentions. It was found that
though there was a direction in Gurushripad v. Karnakata
Electricity Board in W.P.No.14622 of 1986’s case to
prepare a fresh gradation in accordance with the principles
laid down in K. Narayanan‘s case (supra). The Corporation
did not implement its own Board orders and granted
retrospective seniority to the Junior Engineers who had been
appointed by transfer. The learned Single Judge, therefore,
quashed the endorsement dated 05.03.2020 and issued
directions to the respondent Corporation to redo the
seniority in accordance with the judgments of the Apex
Court in K. Narayanan‘s case (supra) and in P. Sudhakar
Rao‘s case (supra) with effect from 26.07.1986.
5. The learned senior counsel appearing for the
appellants submits that the appellants were persons
appointed to the post of Assistant Engineers Electrical long
before the Writ Petitioners. Combined Seniority Lists of
–
57
Assistant Engineers Electrical had been prepared and
published on 01.01.2000, 01.12.2002, 10.01.2004,
01.01.2006, 01.01.2011 and 28.05.2014. It is submitted
that there was no objection raised on the ground of non
compliance of the principles enunciated by the Apex Court in
K. Narayanan‘s case (supra) and in P. Sudhakar Rao’s
case (supra), as against any of those Seniority Lists. It is
submitted that the promotions had been made to the posts
of Assistant Executive Engineer, Executive Engineer,
Superintending Engineer, and even the Chief Engineer on
the basis of the settled seniority. It is submitted that it is
only when a provisional seniority list dated 08.05.2017 had
been issued subsequent to B.K.Pavithra-II’s (10.05.2019)
case that the writ petitioners had filed objections for the first
time.
6. The KPTCL after considering the objections had
published the revised final seniority list of Assistant
Engineers Graduate on 27.10.2017. Thereafter, on
22.07.2019 provisional seniority list of State Wise Cadres of
Assistant Engineers was again published inviting objections.
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58
No objections were filed by the petitioners but they
contended that the objections filed to the earlier Provisional
Seniority List dated 08.05.2017 ought to have been
considered pursuant to directions issued by this Court in
W.P.No.35999/2019, their objections were considered and
the impugned endorsement was passed.
7. Further, the learned senior counsel for the
appellants submits that in view of the fact that the seniority
lists were in force from the year 2000 onwards and since the
Writ Petitioners were very well aware of the settled seniority
and the promotions having been granted to the party
respondents on the basis of their settled seniority, the
present Writ Petitions were hopelessly belated and should
have been dismissed as such.
8. It is further contended that the Recruitment and
Promotion of Employees Service Regulations had been
amended on 26.07.1986. However, on the basis of the
orders passed by the Apex Court in K. Narayanan‘s case
(supra) and by the High Court in Gurushripad’s case
(supra), the recruitment rules were again amended on
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59
16.08.1996 and 27.12.1996 and seniority of employees who
were appointed as Junior Engineers and Assistant Engineers
Electrical were duly modified on the basis of the
amendments. However, with regard to the earlier
appointees, no revision of seniority was carried out since
they had already been appointed and granted seniority as
per the earlier rules. It is contended that this fact being
perfectly well known to the petitioners, they chose not to
challenge the said settled seniority till 2019. It is therefore
contended that the contesting party respondents whose
seniority stood settled in the cadre of Assistant Engineer,
Assistant Executive Engineer, Executive Engineer,
Superintending Engineer etc, for long years would have the
right to sit back and consider that their seniority is settled
and a challenge after the inordinately long delay was
completely unwarranted.
9. The learned senior counsel for the appellants
have placed reliance on the following decisions and raised
the legal contentions for consideration:-
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60
In the case of V. Vincent Velankanni v. The Union
Of India and Others D.D. 30.09.2024 passed in Civil
Appeal No.8617/2013, in support of the proposition that
Office Memoranda/Government Orders have no
retrospective effect unless specifically provided for.
Further, the decision in Pathapati Subba Reddy
(Died) By LRs and Others v. Special Deputy Collector
(LA) reported in 2024 SCC OnLine SC 513 is relied on to
contend that a Writ Petition filed after 5 to 6 years after the
cause of action arose could be deleted and delay cannot be
condoned beyond a reasonable time.
10. The KPTCL as well as the State Government also
support their contentions and rely on the following
decisions:-
• Shiba Shankar Mohapatra and Others v. State
of Orissa and Others reported in (2010) 12
SCC 471;
• K.R.Mudagal and Others v. R.P Singh and
Others reported in (1986) 4 SCC 531;
• B.S.Bajwa and Another v. State of Punjab and
Others reported in (1998) 2 Supreme Court
Cases 523;
–
61
• Ramaswamy G.T. and Others v. State of
Karnataka and Others reported in 1985 SCC
OnLine Kar 407;
• Chairman/Managing Director, Uttar Pradesh
Power Corporation Limited and Others v.
Ram Gopal reported in (2021)13 SCC 225;
• Eastern Coalfields Limited v. Dugal Kumar
reported in (2008) 14 Supreme Court Cases
295;
• Karnataka Power Corpn. Ltd. through its
Chairman and Managing Director and
Another. v. K.Thangappan and Another
reported in (2006) 4 SCC 322;
• Sri. Hanumantha Rao v. The State of
Karnataka and Others dated 10.06.2021
passed in W.P.No.45018/2017(S-RES);
• Jaswant Singh Lamba v. Haryana Agricultural
University and Others reported in (2008) 5
SCC 656;
• Ajay Kumar Shukla and Others v. Arvind Rai
and Others reported in 2021 SCC OnLine SC
1195;
• S.D. Satyanarayana Murthy v. Karnataka
Power Corporation Ltd. and others reported in
1993 SCC OnLine Kar 292;
–
62
• P.S Sadasivaswamy v. State of Tamil Nadu
reported in (1975) 1 SCC 152; and• Sri. M.S. Sreeranga v. State of Karnataka
dated 15.11.2022 in W.P.No.43911/2019 (S-
RES) c/w. W.P. No. 21548 (S-RES)
11. The learned counsel appearing for the
respondents on the other hand contend that the Seniority
Lists dated 01.01.2000, 01.12.2002, 10.01.2004 and
01.01.2006 were never published as required by law and
that the petitioners were unaware of the said seniority lists.
It is further contended that even if such seniority lists had
been published, in the light of the declaration of law by the
Apex Court, the appellants could not contend that the
seniority lists published admittedly against the settled
principles of law were liable to be sustained. The learned
counsel also placed the reliance on the following citations:-
• K.Narayanan & Others v. State of Karnataka &
Others reported in 1994 Supp (1) Supreme Court
Cases 44;
• M.V Gurushripad & Others v. KEB & others
passed in W.P No. 14622 of 1986;
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63
• P.Sudhakar Rao & Others v. U.Govinda Rao &
others reported in (2013) 8 SCC 693;
• Ajay Kumar Shukla & Others v. Arvind Rai &
Others reported in 2021 SCC OnLine SC 1195;
• Advanta India Limited v. B.N Shivanna &
Another reported in (2018) 14 SCC 666;
• Nagappa v. State of Karnataka reported in ILR
1986 KAR 3093;
• Sushil Pandey & Another v. State of UP Thr. Principal
Secretary (Home) and Others reported in 2023 SCC
OnLine SC 30;
• Shyam Sunder Oberoi & Others v. District and
Sessions Judge ,Tis Hazari Courts, Delhi & Others
reported in 2022 (3) SCC 197;
• Mrignak Johri & Others v. Union of India & Others
reported in 2017 (8) SCC 256;
• Union of India v Manpreet Singh Poonam & Others
reported in 2022 (6) SCC 105;
• Gottumukkala Venkata Krishmaraju v. Union of India
& Ors. reported in 2019 (17) SCC 590; and• Hithendra Singh S/O Bhupendra Singh and Others v
Panjabrao Deshmukh Krishi Vidyapeeth By Registrar
and Others reported in (2014) 8 Supreme Court Cases
369.
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12. We have considered the contentions advanced.
The admitted facts are that the recruitment rules for
appointment to the post of Assistant Engineers Electrical
Graduate provided for reckoning of seniority of persons
appointed to the Electricity Board and who are appointed by
transfer to the post of Assistant Engineer with retrospective
effect from the date on which they obtained the qualification
of graduation. The said rules were subjected to a challenge
which resulted in the decision of the Apex Court in K.
Narayanan‘s case (supra).
13. We notice that in K. Narayanan‘s case (supra),
the provision enabling the promotees to count part of feeder
service for fixing seniority and determining eligibility for
further promotion was held to be valid. Therefore Note (3)
to Rule 2 of Karnataka Public Works Engineering Department
Service (Recruitment) (Amendment) Rules, 1985 was
upheld. The order of the Tribunal dated 21.10.1988 was set
aside and the second paragraph of the 1985 Amendment
Rules making the Rules retrospectively operative from
01.01.1976 was struck down as ultra vires. It was further
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held that Note (2) shall be read as providing eligibility only.
The respondents were directed to prepare fresh gradation
list in the light of the observations. This judgment was also
followed by a Division Bench of this Court in Gurushripad’s
case (supra), by its judgment in W.P.No.14622/1986.
14. In the case of P. Sudhakar Rao (supra), decided
on 03.07.2013, the Apex Court held that to pass scrutiny of
Article 14 of the Constitution of India, seniority should be
reckoned only from the date on which the promotees satisfy
all the real and objective procedural requirements of the
service rules and that grant of retrospective seniority was
unwarranted. It is to be noticed that the Apex Court was
considering the determination of seniority under the Andhra
Pradesh Engineering Service which was governed by the
Andhra Pradesh Engineering Service Special Rules.
15. It is submitted that further orders were issued by
the Karnataka Electricity Board on 16.08.1996 and
27.12.1996, which are produced as Annexures C and D in
the Writ Petition. Pursuant to the directions issued by this
Court, the representations preferred by the writ petitioners
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were considered and an endorsement was issued on
05.03.2020 which was under challenge in Writ Petition
No.12567/2020. It was specifically referred in the
endorsement that the facility of seniority or weightage which
was extended as per the prevailing orders of 1986, 1996
and the Official Memoranda issued from time to time in the
individual cases were reflected in the seniority list issued
during 2000, 2002, 2004, 2006, 2011 and 2014. The writ
petitioners were aware of their position but none of the
petitioners or other engineers objected to the seniority of
the engineers appointed by transfer during this period. It
was specifically stated that it was on the basis of the Board
orders issued in 1996 that the seniority had been settled. It
was further stated that as per the common seniority list
published from time to time, large number of promotions
were made from the cadre of AE to AEE, AEE to EE, EE to
SEE and SEE to CEE, over several years in respect of both
direct recruitees AE’s and AE’s appointed by transfer.
Therefore, on the ground that the unsettling of settled
seniority would lead to an unwarranted alteration of
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seniority and promotion in respect of a large number of
serving and retired officers, the representation was rejected.
16. It is the specific case of the KPTCL, the
Government and the appellants that Seniority Lists of
Graduate Engineers had been issued in 2000, 2002, 2004
and 2006. The contention that the said seniority lists were
not brought to the notice of the Writ Petitioners cannot be
accepted since the KPTCL in their pleadings specifically
averred that the seniority lists had been published in the
websites and had been given wide publicity as required by
the Rules. Even if it is accepted that the specific details of
the seniority of the employees was not made available in the
seniority lists in question, it is to be noted that the Writ
Petitioners were overlooked in the matter of promotions by
the contesting respondents who are the appellants herein
for further promotions to the posts of Assistant Executive
Engineer, Executive Engineer, Superintending Engineer so
on and so forth. To state that the petitioners were unaware
of the fact that Assistant Engineers appointed by transfer
were granted seniority and promotions over them cannot be
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accepted. The Apex Court has specifically stated that in the
absence of any challenge to settled seniority and promotions
within a reasonable time, the promotee or the person
included in the seniority list at a higher ranking as the case
may be is entitled to sit back and consider that his seniority
or promotion stand settled and will not be called into
question after inordinately long delays.
17. Though this aspect of the matter was specifically
raised before the learned Single Judge, the learned Single
Judge went on to hold that the directions of the Apex Court
in K. Narayanan‘s case (supra) and by the High Court in
Gurushripad’s case (supra), have been violated by the
KPTCL.
18. Having considered the contentions advanced and
the materials on record in these cases, we find that there is
considerable force in the arguments raised by the learned
senior counsel appearing for the appellants. The appellants
were persons who had been appointed as Assistant
Engineers by transfer under the 1986 Rules. Though it is
true that the Apex Court in K. Narayanan‘s case (supra),
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and in Gurushripad’s case (supra), had held that the
retrospective operation given to the 1986 amendment was
bad in law, and that fresh gradation lists have to be
prepared, it appears that by that time the appellants had
already been promoted to the post of Assistant Engineers.
The revision of seniority in the post of Assistant Engineers
and thereafter did not occur in terms of the directions of the
Apex Court. The Writ Petitioners did not approach any
judicial forum or seek the revision of the seniority in the
higher posts in accordance with the principle laid down by
the Apex Court as well. They had therefore permitted the
incorrect seniority in the promoted posts to become settled.
After a long delay of more than 17 years, they raised
contentions with regard to seniority in all the posts from
Assistant Engineers onwards. Some of the Writ Petitioners
had not even submitted objections to the seniority list
published in 2017 and 2019. It was without considering any
of these contentions that the learned Single Judge had
directed the reworking of the seniority in the cadre of
Assistant Engineers on the basis of the decisions of the Apex
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Court. The consequence of the direction would be the
unsettling of seniority that had remained settled for more
than 20 years.
19. The Apex Court in Shiba Shankar Mohapatra’s
case (supra), has considered the earlier decisions on the
point especially in K.R. Mudgal‘s case (supra), where it was
laid down that a seniority list remaining in existence for 3 to
4 years unchallenged should not be disturbed. Further in
paragraphs No.30 and 33 held as follows:-
“30. Thus, in view of the above, the settled legal
proposition that emerges is that once the seniority had
been fixed and it remains in existence for a reasonable
period, any challenge to the same should not be
entertained. In K.R. Mudgal, this Court has laid down, in
crystal clear words that a seniority list which remains in
existence for 3 to 4 years unchallenged, should not be
disturbed. Thus, 3-4 years is a reasonable period for
challenging the seniority and in case someone agitates
the issue of seniority beyond this period, he has to
explain the delay and laches in approaching the
adjudicatory forum, by furnishing satisfactory
explanation.
33. The appellants have specifically pleaded that
a seniority list was issued in 1979. Subsequently,
another seniority list was issued in 1992. A tentative
seniority list was circulated in 1996, and after
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considering the objections by the State authorities, a
final seniority list was issued in June 1997. Again the
seniority list was circulated in 1999. Though there had
been dispute regarding issuance of the said seniority
lists, however, the High Court in its judgment has taken
note of the seniority list of 1979. Circulation of gradation
list in June 1997 cannot be disputed/doubted for the
simple reason that in Parsuram Sahu case only this
gradation list was under challenge. The applicants in OA
No.203 of 2001 claimed to have been appointed in 1993.
Their names should have definitely been included in the
final gradation list circulated in June 1997. However,
there is no explanation by them as to how it could not be
challenged before the Tribunal and under what
circumstances the gradation list issued in 1999 was
challenged in 2001. At the cost of repetition, it is stated
that, if the seniority list is to be challenged within 3-4
years of its issuance, we fail to understand as to why
even OA No.203 of 2001 could not be dismissed on the
ground of delay and laches, without entering into the
merits of the case.”
20. In K. Thangappan‘s case (supra), it was held
that delay or laches is a significant factor when exercising
discretionary writ power. If the claimant has neglected to
assert rights in time, especially where that delay causes
prejudice to the opposite party, Courts may justifiably
decline to intervene, even if a fundamental right is involved.
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The Court held that granting relief after such a long lapse
would be unjust and detrimental to public interest and
administrative stability.
21. In Chairman and Managing Director Power
Corporation Limited’ s case (supra), the Apex Court held
in paragraph No.11 as follows:-
“11. Whilst it is true that limitation does not strictly
apply to proceedings under Articles 32 or 226 of the
Constitution, nevertheless, such rights cannot be enforced
after an unreasonable lapse of time. Consideration of
unexplained delays and inordinate laches would always be
relevant in writ actions, and the writ courts naturally ought
to be reluctant in exercising their discretionary jurisdiction
to protect those who have slept over wrongs and allowed
illegalities to fester. Fence-sitters cannot be allowed to
barge into courts and cry for their rights at their
convenience, and vigilant citizens ought not to be treated
alike with mere opportunists. On multiple occasions, it has
been restated that there are implicit limitations of time
within which writ remedies can be enforced. In S.S.
Balu v. State of Kerala, this Court observed thus:
“17. It is also well-settled principle of law that
“delay defeats equity”. … It is now a trite law that
where the writ petitioner approaches the High Court
after a long delay, reliefs prayed for may be denied to
them on the ground of delay and laches irrespective of
the fact that they are similarly situated to the other
candidates who obtain the benefit of the judgment.”
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22. We notice that it is a settled proposition in
Service Law that seniority which stands settled cannot be
disturbed after an inordinate delay even if the grounds for
challenge of the seniority are justified. In the decisions
relied on by the learned counsel for the appellants, the
question of long and inordinate delay in raising a challenge
to settled seniority lists did not arise or those were cases
where the delay was a year or two, at the most. However,
in the instant case, it is the specific case of the appellants
that they had been granted the benefit of seniority and had
also been granted promotions on the basis of the settled
seniority. It is after more than two decades that the
challenge was raised against not only the seniority but the
subsequent successive promotions granted to the
appellants.
23. In the light of the decisions of the Apex Court on
the point of sit back, delay and laches, we are of the opinion
that such an exercise is impermissible in writ jurisdiction
especially in view of the fact that seniority lists had been
prepared and published and successive promotions granted
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which were never called into question by the Writ
Petitioners.
24. In the light of the above discussions, we are of
the opinion that the appellants are entitled to succeed in
these Writ Appeals. In the result:-
(i) The Writ Appeals are allowed.
(ii) The common order dated 27.03.2023 in
Writ Petition No.12567/2020 and order
dated 09.06.2023 in Writ Petition
No.16594/2022 passed by the learned
Single Judge are hereby set aside.
(iii) The Writ Petitions No.12567/2020 and Writ
Petition No.16594/2022, shall stand
dismissed.
Pending interlocutory applications, if any, shall stand
disposed of.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(DR. K.MANMADHA RAO)
JUDGE
cp*