Sri Basavaraj S/O Channamallappa Soudatti Vs the Divisional Controller

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1 - NC: 2025:KHC-D:15121 WP No. 103698 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

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DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 103698 OF 2023 (S-KSRTC)

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BETWEEN:

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SRI BASAVARAJ S/O. CHANNAMALLAPPA SOUDATTI B. C. SOUDATTI, AGED ABOUT 53 YEARS, OCC. CONDUCTOR, NWKRTC, DHARWAD RURAL DEPOT, DHARWAD DIVISION – 580 001.

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…PETITIONER

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(BY SRI. RAVI HEGDE & SRI. VINAYKUMAR BHAT, ADVOCATES)

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AND:

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THE DIVISIONAL CONTROLLER NWKRTC, DHARWAD DIVISION, DIST. DHARWAD – 580 001.

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THE MANAGING DIRECTOR NWKRTC, CENTRAL OFFICE. GOKUL ROAD, HUBBALLI, DIST. DHARWAD – 580 030.

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…RESPONDENTS

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Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad

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(BY SRI. MANJUNATH A. KARIGANNAVAR, ADV. FOR R1 & R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE ENDORSEMENT DATED 7/02/2022, BEARING NO. VA.KA.RA.SA/DHA.VI/SIBBANDI/NI.451, ISSUED BY THE RESPONDENT NO. 1, VIDE ANNEXURE-G. CONSEQUENT UPON QUASHING THE AFORESAID ENDORSEMENT, ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER HIS PREVIOUS SERVICE FROM DECEMBER 1994 TILL 12/05/2000 AS A CONTINUES SERVICE AND GRANT ALL THE CONSEQUENTIAL BENEFITS OF INCREMENTS AND OTHER BENEFITS AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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2 -

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NC: 2025:KHC-D:15121 WP No. 103698 of 2023

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

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The petitioner is before this Court seeking the

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following prayer:

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“A) Issue writ of Certiorari or any other writ or order quashing the endorsement dated: 7/02/2022, bearing No: VA.KA.RA.SA/DHA.VI/SIBBANDI/NI:451, issued by the Respondent no.1, vide Annexure-G, and

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B) Consequent upon quashing the aforesaid endorsement, issue writ of Mandamus directing the Respondents to consider his previous service from December 1994 till 12/05/2000 as a continues service and grant all the consequential benefits of increments and other benefits, and

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C) Issue any other writ or order as this Hon'ble Court may deem fit in circumstances of the case including the cost, in the ends of justice.”

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The issue is the lis lies in a narrow compass. The petitioner was appointed as a Badli Conductor on 15.02.1994.

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The petitioner claims to the said appointment to be on temporary basis. The order of appointment, appointing the petitioner as a Badli Conductor, is as follows:

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“ENDORSEMENT

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Sri B.C. SAVADATTI is engaged purely on temporary basis as conductor for a period of 9 days from 20-2-94 to 28-2-94 in connection with fare operations.

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TERMS AND CONDITIONS:

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3 - NC: 2025:KHC-D:15121 WP No. 103698 of 2023

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HC-KAR

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The engagement is purely temporary for the above period and he will be deemed to have been relieved on the expiry of the period mentioned above.

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The temporary engagement as conductor as above does not confer on him any right to continue in the service of corporation or to any preferential claim to any future appointment to such post or any other post or posts.

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The temporary engagement is subject to the orders of the high court in ret appeals.

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He is further posted to Sirsi Division.”

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The order clearly indicates that the petitioner as and when the requirement of a driver cum conductor would ensue, he would be given employment. This continued on the said basis for a period of four years. The petitioner then was appointed as a trainee on 08.02.1997. His probation comes to be declared in the year 2000. The petitioner is before this court contending that his probation should be declared from a retrospective effect from the date on which he was appointed as a Badali Conductor.

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The said submission does not merit any acceptance,

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as the petitioner for the first time enters the services of the Corporation in terms of the Cadre and Recruitment Rules in terms of an order of appointment in the year 1997, completes his probation in the year 2000 and therefore, his probation is declared from a particular date. The said date cannot be

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4 -

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NC: 2025:KHC-D:15121 WP No. 103698 of 2023

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HC-KAR

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preponed or the clock cannot be put back to a date on which the petitioner was not in substantive employment of the Corporation as he was only a Badali Conductor and not a trainee.

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In terms of the Cadre and Recruitment rules of the Corporation, one would get the status of an employee of the Corporation, once he enters the Corporation as a trainee and travels to the higher rung thereon. Therefore, the probation that is now declared from the date of appointment of the petitioner as a trainee, does not warrant any interference. It is the figment of imagination of the petitioner that he should be accorded probationary status when he was under “ Badali Status ”. The petition devoid of merits stands rejected.

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Ordered accordingly.

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Sd/(M.NAGAPRASANNA)

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JUDGE

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VNP/CT-ASC List No.: 1 Sl No.: 76

Sri Basavaraj S/O Channamallappa Soudatti v. the Divisional Controller

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Sri Basavaraj S/O Channamallappa Soudatti v. the Divisional Controller

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