SRI. VISHWANATH KASHI.B.R v. THE MANAGING DIRECTOR
WP/15876/2023 · 2025-03-10
R Nataraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28516 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28516 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9983 WP No. 15876 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO.15876 OF 2023 (S-RES) BETWEEN:
SRI. VISHWANATH KASHI B.R.
S/O. LATE RAJASHEKARA B.S, AGED 54 YEARS, R/AT NO.2183, "BHOOMIKA", RANGOLIHALLADA ROAD, HASSAN-573201 …PETITIONER (BY SRI. RAVI SHANKAR K., ADVOCATE) AND:
1.
THE MANAGING DIRECTOR KPTCL, CAUVERY BHAVANA, K.G. ROAD, BANGALORE-560009
2.
THE CHIEF MANAGER (ADMN AND HRD) KARNATAKA POWER TRANSMISSION CORPORATION LTD., KHANIJA BHAVANA, BENGALURU-560001.
3.
THE CHIEF EXECUTIVE ENGINEER (ADM AND HRD) CHAMUNDESHWARI POWER TRANSMISSION CORPORATION LTD., SANTHEPETE, B.M. ROAD, HASSAN-573201. …RESPONDENTS (BY SMT. RAKSHITHA D.J., ADVOCATE FOR RESPONDENT NOS.1 TO 3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS
Digitally signed by SUMA Location: HIGH COURT KARNATAKA
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NC: 2025:KHC:9983 WP No. 15876 of 2023
FROM THE OFFICE OF RESPONDENTS IN RESPECT OF PETITIONER SERVICE RENDERED TO THE RESPONDENT AUTHORITY AND DIRECT THE RESPONDENTS AUTHORITY TO CONSIDER THE REPRESENTATION AT ANNEXURE-F DATED 10.09.2022 IN THE MATTER OF APPOINTMENT OF PETITIONER ON CONTRACT/TEMPORARY BASIS AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The petitioner has sought for a writ in the nature of mandamus to direct the respondent Nos.2 and 3 to consider the representation dated 10.09.2022 by which, he sought for an appointment on temporary basis to the post of meter reader/gang-man. 2. The petitioner contends that he joined the services of the respondents in the year 1998-1999 as meter reader/gang-man on contract basis. He claimed that the respondents issued an official memorandum dated 13.07.1999 and extended his services. He claimed that he worked as a gang-man till the year 2001, but due to an emergency in the family, he could not continue in the job for a period of 02
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NC: 2025:KHC:9983 WP No. 15876 of 2023
years. He thereafter approached the respondents in the year 2003 and requested permission to rejoin. He contends that the respondents were pleased to recommend through inter office communication to consider the case of petitioner. However, the respondents did not take any steps for appointment of petitioner on contract basis and the representation of the petitioner was kept pending. He contends that the respondents have been employing many others on ad-hoc/temporary basis and though there was a recommendation to the respondent authorities to consider the representation of the petitioner, the same is not done. The petitioner therefore, submitted a representation dated 10.09.2022 requesting the respondents to appoint him to the post of meter reader/gang man on temporary basis and that the same is not considered till date. 3. The learned counsel for the petitioner submits that the petitioner was employed on contract basis from the year 1998-1999 and that he continued in service from then on, till the year 2001. He contends that several other persons similarly placed were regularized and therefore, the petitioner is also entitled to be treated alike. He submits that there are several posts of meter reader and gang man which are vacant and the
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NC: 2025:KHC:9983 WP No. 15876 of 2023
petitioner may be considered for appointment to the said post on temporary basis. 4. The learned counsel for the respondents however contended that the petitioner stopped reporting to work from the year 2001 and therefore he is not entitled to any indulgence.
She also contended that the respondents are not taking any employees on temporary basis and therefore no direction can be issued to the respondents to consider the representation of the petitioner. 5. If the petitioner had submitted a representation to the respondents, they owe a duty to respond to the petitioner. The representation of the petitioner was filed on 10.09.2022 and therefore, the respondents were bound to consider the representation. Since the same is not considered for more than 02 years, it is appropriate to direct the respondent Nos.2 and 3 to consider the representation of the petitioner and pass appropriate orders. 6. Consequently, this writ petition is allowed and the respondent Nos.2 and 3 are directed to consider the representation of the petitioner dated 10.09.2022 in
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NC: 2025:KHC:9983 WP No. 15876 of 2023
accordance with law and pass appropriate orders within a period of three months from the date of receipt of a copy of this
order.
Sd/- (R. NATARAJ) JUDGE
HJ List No.: 1 Sl No.: 23