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2025 DAILYLAW 24281 (KAR)

MANJUNATH RAJU N v. THE MANAGING DIRECTOR

WP/11153/2023 · 2025-06-17

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20769 WP No. 11153 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.11153 OF 2023 (S-RES) BETWEEN: 1. MANJUNATH RAJU .N S/O NARAYANA RAJU, AGED ABOUT 40 YEARS, R/AT 247, 2ND CROSS, WEAVERS COLONY, ANEKAL-562106. BANGALORE RURAL DISTRICT. 2. GURUPRASAD B.R. S/O RAMAPPA, AGED ABOUT 38 YEARS, 2ND CROSS, WEAVERS COLONY, 5TH WARD, ANEKAL-562106 BANGALORE RURAL DISTRICT. 3. MAHESH P.B. S/O BORAIAH, AGED ABOUT 42 YEARS, NO.277, SAI SADANA, VISHWESHWARAIAH ROAD, WARD NO.21, NEAR VIDATH SCHOOL, SUBHASH NAGAR, SRINIVASAIAH NAZEER AHMED LAYOUT, ANEKAL-562106 BANGALORE RURAL DISTRICT. 4. C. PRABHAKARA S/O CHIKKAMUNISWAMY AGED ABUOT 40 YEARS, NO.35, DHARMARAYA SWAMY TEMPLE STREET, SANTHEBEEDHI, ANEKAL-562106 BANGALORE RURAL DISTRICT. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20769 WP No. 11153 of 2023 5. R. RAVI KUMARA S/O RAMAKRISHNAPPA .K AGED ABOUT 42 YEARS, SRINILAYA, SHANKRAPPA LAYOUT, K.S.R.T.C COLONY, HOSUR ROAD, OPP. APS SCHOOL, ANEKAL-562106 BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI SRINIVASA K., ADVOCATE) AND: 1. THE MANAGING DIRECTOR, BESCOM, CORPORATE OFFICER, K.R. CIRCLE, BANGLAORE-560001. 2. THE GENERAL MANAGER (A & HR) BESCOM, K.R. CIRCLE, BANGLAORE-560001. 3. THE EXECUTIVE ENGINEER (ELE), BESCOM, CHANDAPURA DIVISION, ANEKAL TALUK, BANGALORE RURAL DISTRICT-562106. …RESPONDENTS (BY SRI PRAVEEN KUMAR, ADVOCATE FOR SRI B.L. SANJEEV, ADVOCATE FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PETITIONER ARE ELIGIBLE ENTITLED FOR ABSORPTION OF THEIR SERVICE AS PROBATIONARY MAZDOORS FROM JANUARY 2017 ONWARDS ON PAR WITH OTHER 315 BILL DELIVERY BOYS AS PER ANNEXURE-Z1 TO THE WRIT PETITION AND ETC. THIS WRIT PETITION COMING ON FOR HEARING – INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:20769 WP No. 11153 of 2023 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER In this writ petition, the petitioners are seeking for a writ of mandamus directing the respondents to consider the representation submitted by the petitioners dated 15.02.2023 vide Annexure-X and consequently, to direct the respondents to grant all the service benefits to the petitioners like the seniority, annual increments, proper pay fixation and arrears of salary from January 2017 onwards. 2. The case of the petitioners is that they were working under the respondent-management as Bill Distribution Boys. They were initially appointed as Bill Distribution Boys/Gangman in the year 2000-2001 and continuously worked for 6 to 7 years. Since the petitioners’ request for absorption on settlement has been rejected, the petitioners have approached this Court in WP No.9680/2020. - 4 - HC-KAR NC: 2025:KHC:20769 WP No. 11153 of 2023 3. This Court, by order dated 08.03.2021, set aside the endorsement issued by the respondent and reserved liberty to the petitioners to make one more representation along with necessary documents and directed respondent No.2 to reconsider the case of the petitioners in accordance with the settlement arrived on 03.06.2004. By order dated 02.02.2023 vide Annexure-W, the service of the petitioners has been absorbed as Probationary Mazdoors. Since the respondents denied the service and monetary benefits from the date of the order, i.e., 02.02.2023, the petitioners submitted a representation dated 15.02.2023 vide Annexure-X seeking service benefits, seniority, annual increments, pay fixation, arrears of salary from January 2017 on par with the similarly situated petitioners whose service has been absorbed in the year 2017. Since the representation submitted by the petitioners has not been considered by the respondents, the petitioners are before this Court. - 5 - HC-KAR NC: 2025:KHC:20769 WP No. 11153 of 2023 4. Under the circumstances, it is suffice for this Court to direct respondent No.2 to consider the representation submitted by the petitioners vide Annexure-X in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of certified copy of this order. Accordingly, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE MBM List No.: 1 Sl No.: 25