Writ petition challenged failure to fill backlog vacancies for SC/ST candidates. Court held that without pleadings on a placed endorsement, it cannot opine. Petition disposed of with liberty to approach court against the endorsement.
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NC: 2024:KHC:19518 WP No. 2468 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 2468 OF 2024 (S-RES)
BETWEEN:
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:19518 WP No. 2468 of 2024
NC: 2024:KHC:19518 WP No. 2468 of 2024
S/O NARAYANAPPA, AGED ABOUT 44 YEARS, WORKING AS ASSISTANT ENGINEER (ELE) KATHANUR O AND M UNIT, E-9, SUB DIVISION BESCOM, BANGALORE 560077 R/A NO. 43, AMMAYAMMA LAYOUT, NAGARESWARA, NAGENAHALLI, KOTHANUR POST, BANGALORE 560 077.
NC: 2024:KHC:19518 WP No. 2468 of 2024
AGED ABOUT 37 YEARS, WORKING AS ASSISTANT ENGINEER (ELE) TRANSFORMER TESTING CENTRE, O AND M CIRCLE, BESCOM, DAVANAGERE - 577 004. NO. 369/11, SRI RANGANOLUME, B BLOCK, JAYANAGARA, DAVANAGERE - 577 004.
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HAROHALLI SUB DIVISION, KANAKAPURA DIVISION, RAMANAGARA DISTRICT - 562117 R/A NO. 126, 2ND MAIN, 1ST CROSS, SLP PINE VALLY, BYRAMANGALA CROSS, BIDADI, RAMANAGARA DISTRICT - 562 109.
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KPTCL, TUMKUR DAVANAGERE - 577002 R/A BEHIND GANESHA TEMPLE, ARAKERE NEW LAYOUT, ARAKERE, TUMKUR TALUK AND DISTRICT - 572106.
…PETITIONERS
(BY SRI. RAGHAVENDRA N.,ADVOCATE)
AND:
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PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, ENERGY DEPARTMENT, 324, 3RD FLOOR, VIKASA SOUDHA, DR B R AMBEDKAR VEEDHI, BANGALORE 560 001.
…RESPONDENTS
NC: 2024:KHC:19518 WP No. 2468 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT CORPORATION TO FILL UP THE PROMOTIONAL BACKLOG VACANCIES IN THE CADRE OF ASSISTANT EXECUTIVE ENGINEER (ELE) NON-GRADUATE THAT ARE EARMARKED FOR THE MEMBERS OF THE SCHEDULED CASTE AND SCHEDULED TRIBE COMMUNITY IN TERMS OF THE RATIO DECIDED BY THE DIVISION BENCH OF THIS HONBLE COURT IN WP NO. 797/2023 IN THE CASE OF M.MANJU PRASAD VS STATE OF KARNATAKA AND WP 10378/2023 (S-RES); DIRECTING THE RESPONDENT CORPORATION TO CONSIDER THE REPRESENTATION DATED 26/12/2023 SUBMITTED THE PETITIONER THROUGH THEIR UNION, VIDE ANNEXURE-AN.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners' essential grievance is about the failure to consider their representations for filling up of backlog vacancies in the Cadre of Assistant Executive Engineers [Ele-Non-Graduates] earmarked for the members from the Scheduled Caste and Scheduled Tribe communities in the light of the
NC: 2024:KHC:19518 WP No. 2468 of 2024
decision of the Division Bench of this Court in the writ appeal in W.A. No.797/2023, and they assert that this failure is despite the directions of this Court in the writ petition in W.P. No.10378/2023 which is disposed of on 18.12.2023.
Sri Shirish Krishna, the learned counsel for the fourth and fifth respondents, who had submitted that the petitioners' representations have been considered, has now placed on record a copy of the Endorsement dated 15.02.2024. The learned counsel, relying upon the same, submits that with this Endorsement, the petitioners' representation has been duly considered. Sri N Raghavendra, the learned counsel for the petitioners, proposes to canvass that this Endorsement would not be relevant or appropriate inasmuch as the petitioners' request is for filling up of backlog vacancies in the cadre of Assistant Executive Engineers.
NC: 2024:KHC:19518 WP No. 2468 of 2024
This Court must opine that unless there are necessary pleadings as regards the Endorsement dated 15.02.2024, this Court cannot entertain the grievance to render an opinion on whether such Endorsement is either appropriate or otherwise. As such, the petition must be disposed of but with liberty to the petitioners to call in question the Endorsement dated 15.02.2024.
The petition stands disposed of accordingly.
SD/JUDGE
AN/-
1 issue framed by the court
Whether the High Court can opine on the relevance of an endorsement placed in record without necessary pleadings regarding the backlog vacancies.
H.S. Virupaksha and others
The State of Karnataka represented by its Principal Secretary, Government of Karnataka, Energy Department
The State of Karnataka Department of Social Welfare
The Commissioner Social Welfare Department
The Managing Director Karnataka Power Transmission Corporation Ltd KPTCL
The Director (Admn and HR) KPTCL
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
