Dismissed

K S Basava Prabhu v. the Karnataka Power Transmission Corporation Limited

Karnataka HC10 Aug 2021WA/283/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed this writ appeal arising from a common order in a W.P. regarding the seniority list of Assistant Executive Engineers in KPTCL. The Court allowed liberty to the appellant to submit objections to the provisional list.

What did the court decide?

The appeal was dismissed. The appellant was granted liberty to submit objections to the provisional seniority list and approach the Court if aggrieved by the rejection.

K S Basava Prabhu Vs the Karnataka Power… — Service and Employment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF AUGUST, 2021

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PRESENT

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THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

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AND

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT APPEAL NO.283/2021 (S-RES)

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BETWEEN

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K S BASAVA PRABHU S/O K L SADASIVAIH, AGED ABOUT 56 YEARS, NOW WORKING AS EXECUTIVE ENGINEER (CIVIL) O/O CEE, TRANSMISSION ZONE, KPTCL ANANDA RAO CIRCLE, BANGALORE - 560 009 AND R/AT NO.49, 'HARA GIRI', 10^TH 'A' CROSS PRASHANTHA NAGAR BANGALORE - 560 079 (BY SRI.SUBRAMANYA BHAT M., ADVOCATE) AND:

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...APPELLANT

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1 . THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REPRESENTED BY THE MANAGING DIRECTOR, CORPORATE OFFICE KAVERI BHAVAN BANGALORE – 09

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2 . THE DIRECTOR (ADMN AND HRD) KPTCL, KAVERI BHAVAN BANGALORE - 560 009

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3 . SRI LOKANATH M.N. FATHER'S NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 59 YEARS, NOW EXECUTIVE ENGINEER (CIVIL) O/O CEE, O AND M MANGALORE ZONE MESCOM, SHAKTI SOUDHA BONDEL, MANGALORE - 575 008

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4 . SRI VISHWANATH H.G. FATHER'S NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 59 YEARS, NOW EXECUTIVE ENGINEER (CIVIL) O/O CEE, O AND M ZONE, MESCOM, ABOVE CANARA BANK RAILWAY STATION ROAD, SHIVAMOGGA - 577 201

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5 . SRI B.V. NAGARAJ FATHER'S NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 57 YEARS, NOW EXECUTIVE ENGINEER (CIVIL) O/O CEE, BMAZ (NORTH) BESCOM JAYAMAHAL EXTENSION, NANDIDURGA ROAD AND PART OF BESNON TOWN BANGALORE - 560 046

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6 . SRI T.G.RAMAKRISHNA FATHER'S NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 55 YEARS, NOW EXECUTIVE ENGINEER (CIVIL) KARNATAKA RENEWABLE ENERGY DEVELOPMENT LIMITED #39, "SHANTHIGRUHA" BHARAT SCOUTS AND GUIDES BLDG, PALACE ROAD BANGALORE - 560 001

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7 . SRI P MANJUNATH FATHER'S NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 54 YEARS, EXECUTIVE ENGINEER (CIVIL) O/O CEE, BRAZ BESCOM

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ABB BUILDING, INDUSTRIAL ESTATE, RAJAJINAGAR BANGALORE - 560 010

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...RESPONDENTS

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER PASSED IN WP NO.23677/2016 DATED 15/01/2021.

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THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, SATISH CHANDRA SHARMA, J., DELIVERED THE FOLLOWING:

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JUDGMENT

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The present appeal is arising out of the common order dated 15.01.2021 passed in W.P.No.23677/2016 (K.S.Basava Prabhu v. The Karnataka Power Transmission Corporation Limited and others).

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The facts of the case reveal that the gradation list in respect of the Assistant Executive Engineers (Graduates) in the Karnataka Power Transmission Corporation Limited (KPTCL) was the subject matter of challenge before the learned Single Judge. The seniority list in question was of the years 2014 and 2016. The facts further reveal that pursuant to the judgment delivered by the Hon'ble Supreme Court in the case of B.K.Pavitra and Others v. Union of India and others rendered on 09.02.2017, a seniority list was notified by the Corporation, which again underwent a change after

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the State Government has promulgated a validating Act i.e., The Reservation Act, 2018 – Reservations (to the posts in the Civil Services of the State) Act, 2018 and the validity was upheld by the Hon'ble Supreme Court in the case of B.K.Pavitra and others v. The Union of India and others

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– (B.K.Pavitra-II) rendered on 10.05.2019. The

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Corporation, pursuant to the judgment delivered by the Hon'ble Supreme Court has notified the provisional seniority list, meaning thereby at present the provisional seniority list is in existence and the learned Single Judge has disposed of the writ petition with a liberty to the petitioner to submit his objections to the provision list.

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At this stage, learned counsel for the petitioner has stated that the Endorsement dated 07.04.2016 (English version) vide Annexure-M, which was in respect of his objections preferred earlier will come in the way of the appellant. Without going into the merits of the case, it is made clear that in case objections are raised in the matter, the same shall be decided without being influenced by the order passed by respondent No.2-Director, KPTCL dated 15.04.2016 as well as the order passed by the learned Single

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Judge dated 15.01.2021 or the order passed by this Court today.

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The appellant shall be free to submit his

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objections in respect of the provisional list and the respondents after taking the objections into consideration, shall pass a speaking order. It is made clear that in case the appellant is still aggrieved on account of rejection of his objection, if any, he shall be free to approach this Court raising all possible grounds. The appellant shall also be free to challenge the Endorsement dated 07.04.2016 and the Seniority List dated 28.05.2014 in case the grievance is not redressed by his employer.

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With the aforesaid, the appeal stands dismissed.

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No order as to costs.

SD/JUDGE

JUDGE

SD/-