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2025 DAILYLAW 40602 (KAR)

SRI D PARASHURAM S/O SRI DYAMAPPA v. THE MANAGING DIRECTOR

WP/12459/2013 · 2025-11-12

Jyoti M

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46089 WP No. 12459 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 12459 OF 2013 (S-KSRTC) BETWEEN: 1. SRI. D. PARASHURAM S/O SRI. DYAMAPPA, AGED ABOUT 48 YEARS, CONDUCTOR, BADGE NO.2201 (851), KSRTC, DAVANAGRE DEPOT, DAVANAGERE. …PETITIONER (BY SRI. V.S. NAIK AND SMT. MANJULA N. KULKARNI., ADVOCATE) AND: 1. THE MANAGING DIRECTOR KSRTC, CENTRAL OFFICES, K.H.ROAD, SHANTINAGAR BANGALORE - 560 027. 2. THE DIVISIONAL CONTROLLER KSRTC, DAVANAGERE DIVISION DAVANAGERE - 577 004 …RESPONDENTS (BY SMT. H.R. RENUKA., ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46089 WP No. 12459 of 2013 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.V.S.Naik., counsel for the petitioner and Smt.H.R.Renuka., counsel for respondents 1 and 2 have appeared in person. 2. The short facts are these: The Corporation invited applications for the appointment to the post of Conductor from the eligible candidates and accordingly published an Advertisement No.1/92. The petitioner was appointed to the post of Conductor temporarily, his name was found in the Select list at Sl.No.154. He reported to duty as per the terms and conditions of the order specified there in. The petitioner was subjected to disciplinary proceedings consequent on misconduct as a result of which, he came to be removed from the list of Badli Conductor vide order dated 06.02.1998. The petitioner questioned the order of removal by raising a dispute before the Labor Court, Hubli in K.I.D.No.85/1998. - 3 - HC-KAR NC: 2025:KHC:46089 WP No. 12459 of 2013 The Labor Court vide award dated 08.03.1999 partly allowed the claim petition and directed the Corporation to reinstate him into service with continuity of service but without backwages. Pursuant to the award passed by the Labor Court, vide DEO dated 15.08.1999, the petitioner was reinstated as a Badli Conductor with effect from 13.08.1999, he was brought on probation for a period of two years with effect from 18.11.1999. The petitioner was appointed in Davanagere Division, hence, his seniority has been considered in Davanagere Division. Thereafter, he submitted a representation to consider his seniority on par with one Neelakantappa who appears to be junior to him. The Corporation considered the representation and issued an endorsement on 28.05.2012. This endorsement is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The petitioner contends that his seniority may be fixed on par with Mr.Neelakantappa. The contention cannot be - 4 - HC-KAR NC: 2025:KHC:46089 WP No. 12459 of 2013 accepted, since the benefits that were given to Neelakantappa has been withdrawn by the Corporation and he has been reverted. I find no grounds to quash the endorsement issued by the Corporation. The Writ Petition is devoid of merits and is liable to be dismissed. If the petitioner is in service and is entitled for promotion, the Corporation may consider his case in accordance with the law. 5. Resultantly, the Writ Petition is dismissed. Because of dismissal of the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. SD/- (JYOTI M) JUDGE MRP List No.: 2 Sl No.: 1