High Court dismissed writ petitions challenging stochastic seniority lists and promotion orders for Station Attendants, upholding marks-based seniority and quashing the objection of a petitioner not on the selection list.
The petition is rejected; seniority list based on marks is upheld; petition by petitioner not on selection list is without locus.
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NC: 2024:KHC:22512 WP No. 45801 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 45801 OF 2012 (S-RES)
BETWEEN:
AGED ABOUT 31 YEARS D/O A MAHANTHESHACHAR WORKING AS STATION ATTENDANT GRADE-2 220 KVRS., KPTCL, SUBRANMANYAPURA BENGALURU 560061.
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
66/11, KV SUB-STATION, MUSS KPTCL SARAKKI, BENGALURU 560078.
NC: 2024:KHC:22512 WP No. 45801 of 2012
AGED ABOUT 33 YEARS S/O SRI MUTHALI GOWDA WORKING AS STATION ATTENDANT GRADE-1 220 KV RECEIVING STATION, KPTCL, BIDADI, BENGALURU 562109.
MANDYA DISTRICT 571 421.
…PETITIONERS (BY SRI. M RAGHAVENDRAACHAR.,ADVOCATE FOR PETITIONER NO. 1 & 3; VIDE ORDER DATED 18.02.2020 P2,P4 TO P16 & P18 WITHDRAWN; VIDE ORDER DATED28.08.2013 P 17 IS DEAD)
AND:
KANAKAPURA ROAD SOMANAHALLI
BENGALURU 560082.
NC: 2024:KHC:22512 WP No. 45801 of 2012
EARS S/O SRI NARAYANA SWAMY WORKING AS STATION ATTENDANT GR-1 220/66/11 KV STATION, KPTCL HSR LAYOUT BENGALURU 560 102.
220 KV RECEIVING STATION, KPTCL BIDADI 562 109.
NC: 2024:KHC:22512 WP No. 45801 of 2012
66/11 KV SUB-STATION, KPTCL HOSAKEREHALLI
BENGALURU 560085.
…RESPONDENTS
(BY SRI. ASHWATHAPPA., ADVOCATE FOR R1 TO R5; VIDE ORDER DATED 28.08.2013 R7 IS DELETED; R6,R8 TO R21 SERVED & UNREPRESENTED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 25.1.11, ISSUED BY THE CHIEF ENGINEER, ELECTRICITY, VIDE ANN-J & ALSO PROMOTION ORDER DATED 20.3.12, VIDE ANN-K; DIRECT THE RESPONDENT TO FINALISE PROVISIONAL THE SENIORITY LIST OF SA-2 SOMANAHALLI DIVISION, BENGALORE DATED 31.5.11 VIDE ANN-J1 TAKING NOTE OF OBJECTION FILED.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:22512 WP No. 45801 of 2012
ORDER
This petition is initially presented by 18 petitioners calling in question the Seniority List dated 31.05.2011 [ Annexures - J & J1 ] and the order of promotion dated 20.03.2012 [ Annexure-K1 ]. However, except petitioner Nos.1 and 3, the other petitioners have sought permission to withdraw the petition, and this Court by order dated 18.02.2020 has allowed such request. Consequentially the grievance by the first and third petitioners [who are hereafter together referred to as ‘ the petitioners ’] subsists for consideration.
NC: 2024:KHC:22512 WP No. 45801 of 2012
[Fitter] is published in the month of March 2007. The appointment orders are correspondingly issued in the month of January and March 2007. The first petitioner, as could be seen from different annexures, is selected and appointed as Station Attendant Grade-II [Electrical/ Electrician]. Though the third petitioner contends that she is also so appointed, the pleadings in this regard are not specific and her name is not seen in the Final Selection List appended to the petition.
NC: 2024:KHC:22512 WP No. 45801 of 2012
petitioners, submits that the seniority lists could not have been based on the marks secured and it should have been based only on the date of entry into service and the decision insofar as the first petitioner must turn on this contention.
NC: 2024:KHC:22512 WP No. 45801 of 2012
event, the petition at her instance would be without
locus . Hence, the petition is rejected.
SD/JUDGE
NV
2 issues framed by the court
Whether the seniority list for Station Attendants Grade-II should be based on marks secured rather than date of entry into service.
Whether the third petitioner had locus standi to challenge the seniority list given her absence from the Final Selection List.
2 provisions across 1 enactments
KUM M SUJATHA
SMT N K ARUNDHATHI NAYAK
KUM SAVITHRAMMA B V
SMT N MANJULA
KUM KAVITHA M H
SRI MAHESH J
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
