- 1 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 548 OF 2025 (S-RES) C/W WRIT APPEAL NO. 579 OF 2025 (S-RES) WRIT APPEAL NO. 608 OF 2025 (S-RES) WRIT APPEAL NO. 611 OF 2025 (S-RES) IN WA No. 548/2025: BETWEEN: 1. K HARISHA, S/O LATE KESHAVA MURTHY, AGED ABOUT 52 YEARS, WORKING AS EXECUTIVE ENGINEER, BELLARY THERMAL POWER STATION, KUDATHINI POST, BELLARY DISTRICT-583152 AND RESIDING AT TRANSMISSION 'MANDARA', VIDYARANYAPURA, SRINGERI TALUK AND POST, CHIKAMAGALORE DISTRICT-577139. …APPELLANT (BY SRI. S.S.NAGANAND, SENIOR COUNSEL ALONG WITH SUBRAMANYA BHAT M., ADVOCATE) AND: 1. KARNATAKA POWER CORPORATION LTD., ® Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER NO. 82, SHAKTI BHAVAN, RACE COURSE ROAD, BENGALURU-560001, BY ITS MANAGING DIRECTOR. 2. UPENDRA PATKAR, S/O RAMAKRISHNA PATKAR, AGED ABOUT 61 YEARS, RETIRED SUPERINTENDING ENGINEER (MECH), RESIDING AT 'SWATSTI', NO 4-5A-5, 1ST MAIN, GATION LAYOUT, ACHUTHANAGARA, UDUPI-576107 3. Y K VENKATESH HEGGADE, S/O Y D KISHNAPPA HEGGADE, AGED ABOUT 62 YEARS, RESIDING AT YADUR POST HOSANAGARA TALUK, SHIMOGA DIST-577448 4. N A SUNIL, S/O APPU, AGED ABOUT 44 YEARS, WORKING AS EXECUTIVE ENGINEER AND RESIDING AT KPCL COLONY, HOSANGADI-576 282 5. KC HARISHA, S/O K CHANDRAPPA GOWDA, AGED ABOUT 54 YEARS, WORKING AS EXECUTIVE ENGINEER AND RESIDING AT KPCL COLONY, HOSANGADI-576 282 6. SHASHIDHARA SHETTY, S/O SHEKHAR SHETTY, AGED ABOUT 36 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER AND RESIDING AT KPCL COLONY, MASTIKATTE-577 448 7. RAVIKUMAR S, - 3 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER S/O SHIVANANDIAH M B, AGED ABOUT 49 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), SHARAVATHI GENERATING STATION, KPCL, JOG FALLS, SHIMOGA-577435. 8. NAGESH GOWDA, S/O KANTAPPA GOWDA, AGED ABOUT 55 YEARS WORKING AS SUPERINTENDING ENGINEER YERAMARAS THERMAL POWER STATION CHIKKSUGUR RAICHUR -584134 9. KAVYASHREE J, S/O JAVARAJ M, AGED ABOUT 41 YEARS, WORKING AS ASSISTANT ENGINEER BALLARY THERMAL POWER STATION KUDATINI, BALLARY DIST-583152 10. MADHUSUDHAN K, S/O K D KULLEGOWDA, AGED ABOUT 53 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), SHARAVATHI GENERATING STATION, KPCL, JOG FALLS, SHIMOGA-577435. 11. SATHYANARAYANA SHARMA, S/O RAGHAVENDRA H G, AGED ABOUT 41 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER TRANSIT OFFICE NO.47, GOVT OF KARNATAKA STAFF QUARTERS, RK PURAM PH-2, SEC6 NEW DELHI-110022. 12. MALLAPPA S MARI, S/O SIDDAPPA L MARI, AGED ABOUT 47 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), VARAHI GENERATING STATION, KPCL, HOSANGADI, UDUPI DIST-576282. - 4 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER 13. ARUN KUMAR A, S/O ARAVINDAKSHAN R, AGED ABOUT 48 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), VARAHI GENERATING STATION, KPCL, HOSANGADI, UDUPI DIST-576282. 14. SOUMYA S, D/O SUNDAR POOJARY, AGED ABOUT 45 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), SHARAVATHI GENERATING STATION, KPCL, JOG FALLS, SHIMOGA-577435. 15. SANNARAJA H K, S/O KRISHNALAH, AGED ABOUT 49 YEARS, WORKING AS ASSISTANT ENGINEER BALLARY THERMAL POWER STATION, KUDATINI BALLARY DIST-583152 16. ERAJU H K, S/O KRISHNANAIH, AGED ABOUT 47 YEARS, WORKING AS ASSISTANT ENGINEER (MECH), EE(GATES) DIVISION KARGAL, KPCL, KARGAL, SHIMOGA-577435. 17. GIRISH S R, S/O RAMANA P RAO, AGED ABOUT 52 YEARS, WORKING AS EXECUTIVE ENGINEER BALLARY THERMAL POWER STATION KUDATINI BALLARY DIST-583152 18. PRASAD T V, S/O VENKATARAMANA GOWDA, AGED ABOUT 52 YEARS, WORKING AS EXECUTIVE ENGINEER (MECHANICAL), KPCL, - 5 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER SHAKTI BHAVAN BANGALORE-01. …RESPONDENTS (BY SRI. K.SHASHIKIRAN SHETTY, AG ALONG WITH, SRI. AJAY J ANANALIKE, SMT. SANJANA S JAIN AND SRI. RACHEL RAJU ALICE, ADVOCATE FOR R-1; SRI. M.S.BHAGWAT, SENIOR COUNSEL FOR SRI. ADITHYA R.CHAKRAGIRI, ADVOCATE FOR R2 TO R6, R8, R10 TO R14, R17 & R18; R7, R9, R15 & R16 SERVED AND UNREPRESENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 04/12/2024 PASSED IN WP NO.11925/2012, ON THE FILE OF THE LEARNED SINGE JUDGE AND DISMISS THE ABOVE WRIT PETITION. IN WA NO. 579/2025 BETWEEN: 1. MANJUNATH H SONNADA AGED ABOUT 46 YEARS, EE(M) OFFICE OF CE (C.O AND M) SHAKTHIANGAR RTPS, RAICHUR-584 170 2. DUSHYANTH S/O TIRUMALEGOWDA AGED ABOUT 48 YEARS, WORKING AS EXECUTIVE ENGINEER, CETD OFFICE, KARNATAKA POWER CORPORATION LTD, GREEN BUILDING, DRUG CONTROLLER OFFICE CAMPUS, BANGALORE-560001 3. GIRISH A. HONGUNTIKAR AGED ABOUT 48 YEARS, EE(M) OFFICE OF CE (C, O AND M) SHAKTHINAGAR, RTPS, RAICHUR-584170. - 6 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER 4. AMRUTHA RAO EE(M) AGED ABOUT 58 YEARS OFFICE OF SE MINES SHAKTIBHAVAN, RACE COURSE ROAD, BANGALORU 560 001 ...APPELLANTS (BY SRI. SACHINDRA KARANTH., ADVOCATE) AND: 1. KARNATAKA POWER CORPORATION LTD., NO.82, SHAKTHI BHAVAN, RACE COURSE ROAD, BANGALORE-560001 2. UPENDRA PATKAR, S/O RAMAKRISHNA PATKAR, AGED ABOUT 61 YEARS, RETIRED SUPERINTENDING ENGINEER (MECH), RESIDING AT 'SWATSTI', NO 4-5A-5, 1ST MAIN, GATION LAYOUT, ACHUTHANAGARA, UDUPI-576107 3. 4. 5. Y K VENKATESH HEGGADE, S/O Y D KISHNAPPA HEGGADE, AGED ABOUT 62 YEARS, RESIDING AT YADUR POST HOSANAGARA TALUK, SHIMOGA DIST-577 448 N A SUNIL, S/O APPU, AGED ABOUT 44 YEARS, WORKING AS EXECUTIVE ENGINEER AND RESIDING AT KPCL COLONY, HOSANGADI-576 282 K C HARISHA, S/O K CHANDRAPPA GOWDA, AGED ABOUT 54 YEARS, - 7 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER 6. 7. 8. 9. 10. 11. WORKING AS EXECUTIVE ENGINEER AND RESIDING AT KPCL COLONY, HOSANGADI-576 282 SHASHIDHARAPPA SHETTY, S/O SHEKARA SHETTY, AGED ABOUT 37 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER AND RESIDING AT KPCL COLONY, MASTIKATTE-577 448 RAVIKUMAR S, S/O SHIVANANDIAH M B, AGED ABOUT 49 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), SHARAVATHI GENERATING STATION, KPCL, JOG FALLS, SHIMOGA-577435. NAGESH GOWDA, S/O KANTAPPA GOWDA, AGED ABOUT 55 YEARS WORKING AS SUPERINTENDING ENGINEER YERAMARAS THERMAL POWER STATION CHIKKSUGUR RAICHUR -584134 KAVYASHREE J, S/O JAVARAJ M, AGED ABOUT 41 YEARS, WORKING AS ASSISTANT ENGINEER BALLARY THERMAL POWER STATION KUDATINI, BALLARY DIST-583152 MADHUSUDHAN K, S/O K D KULLEGOWDA, AGED ABOUT 53 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), SHARAVATHI GENERATING STATION, KPCL, JOG FALLS, SHIMOGA-577435. SATHYANARAYANA SHARMA, S/O RAGHAVENDRA H G, - 8 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER AGED ABOUT 41 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER TRANSIT OFFICE NO.47, GOVT OF KARNATAKA STAFF QUARTERS RK PURAM PH-2, SEC6 NEW DELHI-110022. 12. MALLAPPA S MARI, S/O SIDDAPPA L MARI, AGED ABOUT 47 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), VARAHI GENERATING STATION, KPCL, HOSANGADI, UDUPI DIST-576282. 13. ARUN KUMAR A, S/O ARAVINDAKSHAN R, AGED ABOUT 58 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), VARAHI GENERATING STATION, KPCL, HOSANGADI, UDUPI DIST-576282. 14. SOUMYA S, D/O SUNDAR POOJARY, AGED ABOUT 45 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), SHARAVATHI GENERATING STATION, KPCL, JOG FALLS, SHIMOGA-577435. 15. SHIVAPRASAD M.R. S/O RAMA NAIK M., AGED ABOUT 44 YEARS, ASSISTANT ENGINEER KPCL, JOGFALLS, SHIMOGA DISTRICT. (HAS SINCE RESIGNED) 16. SANNARAJA H K, S/O KRISHNAJAH, AGED ABOUT 49 YEARS, WORKING AS ASSISTANT ENGINEER BALLARY THERMAL POWER STATION KUDATINI BALLARY DIST-583152. - 9 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER 17. ERAJU H K S/O KRISHNAIAH, AGED ABOUT 47 YEARS, WORKING AS ASSISTANT ENGINEER (MECH), EE(GATES) DIVISION KARGAL, KPCL, KARGAL, SHIMOGA-577435. 18. GIRISH SR S/O RAMANA P RAO, AGED ABOUT 52 YEARS, WORKING AS EXECUTIVE ENGINEER BALLARY THERMAL POWER STATION KUDATINI BALLARY DIST-583152 19. PRASAD TV, S/O VENKATARAMANA GOWDA, AGED ABOUT 42 YEARS, WORKING AS EXECUTIVE ENGINEER (MECHANICAL), KPCL, SHAKTI BHAVAN, BANGALORE-01. 20. K. HASEENA EE(E), MAJOR OFFICE OF ECES SHARAVATHI HYDRO ELECTRIC PROJECT, SHIMOGA DISTRICT-577 435 21. SHIVA PRAKASH S EE(M), MAJOR OFFICE OF EE 3, KUDITINI, BELLARY-583 152 22. RAJESHWARI N. EE(M), MAJOR OFFICE OF CE (C.O M) SHAKTHINAGAR, RTPS, RAICHUR 23. H. SUMA EE(M) MAJOR OFFICE OF CE(T.D) GREEN BUILDING KPCL, BANGALORE-560001 - 10 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER 24. M. RAMESH AEE(M), MAJOR OFFICE OF SE(E) KUDITINI, BELLARY-583 152 25. K. SHARADHA EE (M) MAJOR OFFICE OF EE (PURCHASE) BTPS KUDITINI, BELLARY 583152 26. Y. RAVENDRA BHAT RETD.EE(M), MAJOR YALLUNTUR POST, NEAR GOLIANGADI, KUNDAPURA TALUK, UDUPI DISTRICT. 27. S. HARI RETD SE(M), MAJOR OFFICE OF CE (CO AND M) SHAKTHINAGAR, RTPS, RAICHUR-584170. 28. JAGADEISH S KULKUMATAGI EE(M), MAJOR OFFICE OF CE (C, O AND M) SHAKTHINAGAR, RTPS, RAICHUR-584170. 29. K. HARISH EE(M), MAJOR OFFICE OF SE(O), KUDITINI, BELLARY-583 152 30. K.S. THOMAS AEE(M), MAJOR OFFICE OF SE (O), BTPS, KUDITINI, BELLARY-583152. 31. RAMANA, S/O LATE KESHAVA MURTHY, AGED ABOUT 54 YEARS, WORKING AS EXECUTIVE ENGINEER, PLANT POWER SUPPLY DIVISION RAIACHUR THERMAL POWER STATION, SHAKTINAGAR POST, - 11 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER RAICHUR DISTRICT-584170 AND RESIDING AT TYPE-3-12, RTPS COLONY, SHAKTINAGAR POST, RAICHUR DISTRICT 584170. 32. ARUNA KUMARI S., EE(E), MAJOR, OFFICE OF CE(O AND M) BTPS, KUDITINI, BELLARY-583 152 33. KUMAR RAMESH BABU AEE(E), MAJOR, OFFICE OF EE- CHP 2, BTPS, KUDITINI, BELLARY-583 152. 34. MARKANDDIAH HEREMAT EE(E), MAJOR, OFFICE OF EE-HT SHAKTHINAGAR, RTPS, RAICHUR-584 170. 35. SHIVAKUMAR PATIL EE(M), MAJOR OFFICE OF CE (C, O AND M) SHAKTHINAGAR, RTPS, RAICHUR-584170. (SINCE RETIRED) 36. CHANNABASAVARAJ, AEE (E), MAJOR OFFICE OF CE (C, O AND M) SHAKTHINAGAR, RTPS, RAICHUR-584 170 (SINCE RETIRED) ...RESPONDENTS (BY SRI. K.SHASHIKIRAN SHETTY, AG ALONG WITH SRI. AJAY J ANANDALIKE, SMT.SANJANA S JAIN & SRI.RACHEL RAJU ALICE, ADVOCATE FOR R1; SRI. M.S.BHAGWAT, SENIOR COUNSEL FOR SRI. ADITHYA R.CHAKRAGIRI, ADVOCATE FOR R2 TO R6, R8, R10 TO R14, R17 & R18; R7, R9, R15, R16, R17 & R19 SERVED-UNREPRESENTED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 04/12/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.11925/2012 AND ALLOW THE WRIT APPEAL FILED BY THE APPELLANTS, ETC. - 12 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER IN WA NO. 608/2025: BETWEEN: 1. SRI MARKANDAYYA HIREMATH AEE (1/3RD ABT) S/O PATRAYYA HIREMATH, AGED ABOUT 56 YEARS, WORKING AS EXECUTIVE ENGINEER(ELE), EE HT-1 DIVISION RAIACHUR THERMAL POWER STATION, SHAKTINAGAR POST, RAICHUR DISTRICT-584170 AND RESIDING AT TYPE-4-86, RTPS COLONY, SHAKTINAGAR POST, RAICHUR DISTRICT, 584170 ...APPELLANT (BY SRI. ANASUYA DEVI K S., ADVOCATE) AND: 1. KARNATAKA POWER CORPORATION LTD., NO. 82, SHAKTI BHAVAN, RACE COURSE ROAD, BENGALURU-560001, BY ITS MANAGING DIRECTOR 2. UPENDRA PATKAR, S/O RAMAKRISHNA PATKAR, AGED ABOUT 61 YEARS, RETIRED SUPERINTENDING ENGINEER (MECH), RESIDING AT 'SWATSTI', NO 4-5A-5, 1ST MAIN, GATION LAYOUT, ACHUTHANAGARA, UDUPI-576107 3. Y K VENKATESH HEGGADE, S/O YD KISHNAPPA HEGGADE, AGED ABOUT 62 YEARS, RESIDING AT YADUR POST HOSANAGARA TALUK, SHIMOGA DIST 577 448 - 13 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER 4. N A SUNIL, S/O APPU, AGED ABOUT 44 YEARS, WORKING AS EXECUTIVE ENGINEER AND RESIDING AT KPCL COLONY, HOSANGADI-576 282 5. K C HARISHA, S/O K CHANDRAPPA GOWDA, AGED ABOUT 54 YEARS, WORKING AS EXECUTIVE ENGINEER AND RESIDING AT KPCL COLONY, HOSANGADI-576 282 6. SHASHIDHARA SHETTY, S/O SHEKHAR SHETTY, AGED ABOUT 36 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER AND RESIDING AT KPCL COLONY, MASTIKATTE-577 448 7. RAVIKUMAR S, S/O SHIVANANDIAH M B, AGED ABOUT 49 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), SHARAVATHI GENERATING STATION, KPCL, JOG FALLS, SHIMOGA-577435 8. NAGESH GOWDA, S/O KANTAPPA GOWDA, AGED ABOUT 55 YEARS WORKING AS SUPERINTENDING ENGINEER YERAMARAS THERMAL POWER STATION CHIKKSUGUR RAICHUR 584134 9. KAVYASHREE J, S/O JAVARAJ M, AGED ABOUT 41 YEARS, WORKING AS ASSISTANT ENGINEER BALLARY THERMAL POWER STATION KUDATINI BALLARY DIST-583152 - 14 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER 10. MADHUSUDHAN K, S/O K D KULLEGOWDA, AGED ABOUT 53 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), SHARAVATHI GENERATING STATION, KPCL, JOG FALLS, SHIMOGA-577435 11. SATHYANARAYANA SHARMA, S/O RAGHAVENDRA H G, AGED ABOUT 41 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER TRANSIT OFFICE NO.47, GOVT OF KARNATAKA STAFF QUARTERS RK PURAM PH-2, SEC6 NEW DELHI-110022 12. MALLAPPA S MARI, S/O SIDDAPPA L MARI, AGED ABOUT 47 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), VARAHI GENERATING STATION, KPCL, HOSANGADI, UDUPI DIST-576282 13. ARUN KUMAR A, S/O ARAVINDAKSHAN R, AGED ABOUT 48 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), VARAHI GENERATING STATION, KPCL, HOSANGADI, UDUPI DIST-576282 14. SOUMYA S, D/O SUNDAR POOJARY, AGED ABOUT 45 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), SHARAVATHI GENERATING STATION, KPCL, JOG FALLS, SHIMOGA-577435 15. SANNARAJA H K, S/O KRISHNAIAH, AGED ABOUT 49 YEARS, - 15 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER WORKING AS ASSISTANT ENGINEER BALLARY THERMAL POWER STATION KUDATINI BALLARY DIST-583152 16. ERAJU H K S/O KRISHNANAIH, AGED ABOUT 47 YEARS, WORKING AS ASSISTANT ENGINEER (MECH), EE(GATES) DIVISION KARGAL, KPCL, KARGAL, SHIMOGA-577435 17. GIRISH S R, S/O RAMANA P RAO, AGED ABOUT 52 YEARS, WORKING AS EXECUTIVE ENGINEER BALLARY THERMAL POWER STATION KUDATINI BALLARY DIST-583152 18. PRASAD T V, S/O VENKATARAMANA GOWDA, AGED ABOUT 52 YEARS, WORKING AS EXECUTIVE ENGINEER (MECHANICAL), KPCL, SHAKTI BHAVAN, BANGALORE-01 ...RESPONDENTS (BY SRI. K.SHASHIKIRAN SHETTY, AG ALONG WITH SRI. AJAY J ANANDALIKE, SMT. SANJANA S JAIN & SRI. RACHEL RAJU ALICE, ADVOCATE FOR R1; SRI. M.S.BHAGWAT, SENIOR COUNSEL FOR SRI. ADITHYA R.CHAKRAGIRI, ADVOCATE FOR R2 TO R6, R8, R10 TO R14 & R17 & R18; R7, R9, R15 & R16 SERVED - UNREPRESENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR RECORDS IN WP No. 11925/2012 (S-RES) AND ON CONSIDERATION OF ORDER OF THE LEARNED SINGLE JUDGE DATED 04.12.2024 AND MAY BE PLEASED TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE IN WP No. 11925/2012 (S-RES) DATED 04.12.2024 FILLED BY THE RESPONDENT Nos. 2 TO 19 AND DISMISS THE SAID WRIT PETITION, ETC. - 16 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER IN WA NO. 611/2025: BETWEEN: 1. SHRI KUMAR RAMESH BABU G S/O RAMESHABABU G AGED ABOUT 40 YEARS ASSISTANT EXECUTIVE ENGINEER (ELEL) O/O EXECUTIVE ENGINEER CHPEI, BTPS, KARNATAKA POWER CORPORATION LTD, BELLARY, BALLARY DISTRICT PRESENTLY WORKING AT BELLARY THERMAL POWER STATION, KUDATINI, BALLARY-583 152 ...APPELLANT (BY SRI. VIJAYA KUMAR. V.B, ADVOCATE) AND: 1. THE KARNATAKA POWER CORPORATION LIMITED NO. 82, SHAKTHI BHAVAN RACE COURSE ROAD BENGALURU-560 001 2. SRI.UPENDRA PATKAR S/O RAMAKRISHNA PATKAR AGED ABOUT 48 YEARS EXECUTIVE ENGINEER KPCL, VARAHI HYDRO ELECTRIC PROJECT (VHEP) HOSANGADI PRESENTLY AGED 61 YEARS, RETIRED SUPERINTENDING ENGINEER (MECH), R/AT SWATSTI, NO. 4-5A-5, 1 MAIN ROAD, GATION LAYOUT, ACHUTHANAGARA, UDUPI-576107 3. SRI.Y.K.VENKATESHA HEGGADE S/O Y.D.KRISHNAPPA HEGGADE AGED ABOUT 49 YEARS ASSISTANT EXECUTIVE ENGINEER KPCL, VHEP, HOSANGADI - 17 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER PRESENTLY AGED 62 YEARS, R/AT YADUR POST, HOSANAGARA TALUK, SHIMOGA DISTRICT-577 448 4. SRI.N.A.SUNIL S/O APPU, AGED ABOUT 31 YEARS ASSISTANT EXECUTIVE ENGINEER KPCL, VHEP, HOSANGADI PRESENTLY AGED 44 YEARS, WORKING AS EXECUTIVE ENGINEER, R/AT KPCL COLONY, HOSANGADI-576 282 5. SRI.K.C.HARISHA S/O K. CHANDRAPPA GOWDA AGED ABOUT 41 YEARS ASSISTANT EXECUTIVE ENGINEER KPCL, VHEP, HOSANGADI PRESENTLY AGED 54 YEARS, WORKING AS EXECUTIVE ENGINEER, R/AT KPCL COLONY, HOSANGADI-576 282 6. SRI.SHASHIDHARAPPA SHETTY S/O SHEKHARA SHETTY AGED ABOUT 25 YEARS ASSISTANT ENGINEER KPCL, VHEP, HOSANGADI PRESENTLY WORKING AS ASSISTANT EXECUTIVE ENGINEER, R/AT KPCL COLONY, MASTIKATTE-577 448 7. SRI.RAVI KUMAR S S/O SHIVANANDALAH M.B. AGED ABOUT 37 YEARS ASSISTANT EXECUTIVE ENGINEER KPCL, VHEP, HOSANGADI PRESENTLY AGED 49 YEARS, WORKING AS EXECUTIVE ENGINEER (ELE), SHARAVATHI GENERATING STATION, KPCL, JOG FALLS, SHIMOGA-577435 - 18 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER 8. SRI.NAGESH GOWDA B S/O KANTAPPA GOWDA AGED ABOUT 42 YEARS ASSISTANT EXECUTIVE ENGINEER KPCL, VHEP, HOSANGADI PRESENTLY WORKING AS SUPERINTENDING ENGINEER, YERAMARAS THERMAL POWER STATION, CHIKKSUGAR RALCHUR-584 134 9. SMT.KAVYASHREE J D/O JAVARAJ M AGED ABOUT 28 YEARS ASSISTANT ENGINEER KPCL, VHEP, HOSANGADI PRESENTLY WORKING AS ASSISTANT ENGINEER, BALLARY THERMAL POWER STATION, KUDATINI, BALLARY-584 134 10. SRI.MADHUSUDHAN K S/O K.D.KULLE GOWDA AGED ABOUT 40 YEARS ASSISTANT EXECUTIVE ENGINEER KPCL, JOG FALLS, SHIMOGA DISTRICT PRESENTLY WORKING EXECUTIVE ENGINEER (ELE), SHARAVATHI GENERATION STATION, KPCL, JOG FALLS, SHIMOGA-577 435 11. SRI.SATHYANARAYANA SHARMA S/O RAGHAVENDRA H.G. AGED ABOUT 28 YEARS ASSISTANT ENGINEER KPCL, JOG FALLS SHIMOGA DISTRICT PRESENTLY WORKING AS ASSISTANT EXECUTIVE ENGINEER, TRANSIT OFFICE, NO-47 , GOVERNMENT OF KARNATAKA STAFF QUARTERS, RK PURAM, PH-2, SEC-6, NEW DELHI-110022 12. SRI.MALLAPPA S.MARI - 19 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER S/O SIDDAPPA L. MARI AGED ABOUT 34 YEARS ASSISTANT EXECUTIVE ENGINEER KPCL, JOG FALLS SHIMOGA DISTRICT PRESENTLY WORKING AS EXECUTIVE ENGINEER, VARAHI GENERATING STATION, KPCL, HOSANGADI, UDUPI DIST-576 282 13. SRI.ARUN KUMAR A S/O ARAVINDAKSHAN R AGED ABOUT 45 YEARS ASSISTANT EXECUTIVE ENGINEER KPCL, JOG FALLS SHIMOGA DISTRICT PRESENTLY WORKING AS EXECUTIVE ENGINEER (ELE), VARAHL GENERATING STATION, KPCL HOSANGADI, UDUPI-576 282 14. SMT.SOUMYA S D/O SUNDAR POOJARY AGED ABOUT 39 YEARS ASSISTANT ENGINEER KPCL, JOG FALLS SHIMOGA DISTRICT PRESENTLY WORKING AS EXECUTIVE ENGINEER, SHARAVATHI GENERATING STATION, KPCL, JOG FALLS, SHIMOGA-577 435 15. SRI.SHIVAPRASAD M.R S/O RAMA NAIK M AGED ABOUT 32 YEARS ASSISTANT ENGINEER KPCL, - 20 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER JOG FALLS SHIMOGA DISTRICT PRESENTLY RESIGNED FROM SERVICE 16. SRI.SANNARAJA H K S/O KRISHNALAH AGED ABOUT 36 YEARS ASSISTANT ENGINEER KPCL., JOG FALLS SHIMOGA DISTRICT PRESENTLY WORKING AS ASSISTANT ENGINEER (ELE), BALLARY THERMAL POWER STATION, KUDATHINI, BALLARY-583 152 17. SRI ERAJU H.K S/O KRISHNALAH AGED ABOUT 34 YEARS ASSISTANT ENGINEER KPCL, LINGANAMAKKI SHIMOGA DISTRICT PRESENTLY WORKING AS ASSISTANT ENGINEER (MECH), EE (GATES), DIVISION KARGAL, KPCL, KARGAL, SHIMOGA-577 435 18. SRI.GIRISH S.R S/O RAMANA R.RAO AGED ABOUT 39 YEARS ASSISTANT EXECUTIVE ENGINEER KPCL, JOG FALLS SHIMOGA DISTRICT PRESENTLY WORKING AS EXECUTIVE ENGINEER, BALLARY THERMAL POWER STATION, KUDATHINI, BALLARY-583152 - 21 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER 19. SRI.T.V.PRASAD S/O VENAKTARAMANA GOWDA AGED ABOUT 28 YEARS ASSISTANT EXECUTIVE ENGINEER KPCL, CETD, BENGALURU PRESENTLY WORKING AS EXECUTIVE ENGINEER (MECH), KPCL, SHAKTHI BHAVAN, BAGALORE-560001. ...RESPONDENTS (BY SRI. K. SHAHSIKIRAN SHETTY, AG ALONG WITH SRI. AJAY J ANANDALIKE, SMT.SANJANA S JAIN & SRI. RACHEL RAJU ALICE, ADVOCATE FOR R1; SRI. M.S.BHAGWAT, SENIOR COUNSEL FOR SRI. ADITHYA R.CHAKRAGIRI, ADVOCATE FOR R2 TO R6, R8, R10 TO R14, R18 & R19; R7, R9, R15, R16 & R17 SERVED - UNREPRESENTED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO, SET ASIDE THE IMPUGNED ORDER DATED 04.12.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-11925/2012. THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 22 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra-court appeals have been filed being aggrieved by the judgment and order dated 04.12.2024 passed by the learned Single Judge in W.P.No.11925/2012. 2. For the sake of convenience, the parties are referred to as per their ranking in the writ petition No.11925/2012. 3. The petitioners are all graduate Engineers of different batches appointed as Assistant Engineer in the Karnataka Power Corporation Ltd (hereinafter referred to as 'the KPCL'). The private respondents were initially appointed as Junior Engineers and having obtained the degree and acquired eligibility, got promoted and appointed by transfer as Assistant Engineer. The recruitment and service conditions of the Assistant Engineer in the KPCL are governed under the provisions of the Cadre and Recruitment Rules, 1992 of the KPCL. There are two sources of recruitment to the post of Assistant Engineer (Civil/Electrical/Mechanical/Instrumentation) viz., by direct - 23 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER recruitment of the persons having a degree or equivalent qualification in respective Engineering discipline and by transfer of Junior Engineer having three years diploma qualification on acquiring an Engineering degree or equivalent. The Rule further provides that for the purpose of consideration of promotion to the post of Assistant Executive Engineer, the Junior Engineer appointed by transfer as Assistant Engineer on or after 22.03.1981, one third (1/3rd) service rendered as Junior Engineer subject to maximum four (4) years for the purpose of consideration for promotion to the post of Assistant Executive Engineer shall be taken into account is further subjected to two conditions namely: i. The seniority shall be fixed in the category of Assistant Engineer with reference to notional date arrived at after giving weightage of service as aforesaid. ii. To become eligible for promotion for Assistant Executive Engineer, the Junior Engineer who is appointed as Assistant Engineer by transfer shall be put in minimum service of two years on duty as Assistant Engineer, after such appointment and a - 24 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER total service of seven years as Assistant Engineer inclusive of the weightage given to him. 4. The directly recruited Assistant Engineer(s) have filed the Writ Petition No. 11925/2012 for the following prayers: (a) QUASH by issue a writ of certiorari or any other writ order or direction, as the case may be, the Promotion Rules under Chapter III - Promotion Scheme of the KPCL Services Cadre, Recruitment, Probation and Promotion and Seniority Rules 1997 in so far as it relates to the cadre of Assistant Engineers at Serial No.6, note providing counting of 1/3rd of service rendered by the Junior Engineers prior to appointment as Assistant Engineer for seniority as being arbitrary and illegal; (b) DECLARE the elevation scheme providing transfer of Junior Engineers with degree qualification to the post of Assistant Engineers without insisting on any minimum period of service in the cadre of Junior Engineer as being arbitrary and illegal; (c) DECLARE the action of the Respondents in appointing on transfer or under elevation scheme the Assistant Engineers with B.E. (Industrial Production) and B.E. (Automobiles) contrary to the Recruitment Rules as illegal and arbitrary. - 25 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER (d) DIRECT by the issue of an appropriate order in the nature of mandamus or any other appropriate writ or direction as the case may be directing the Respondents to conduct an enquiry as to how employees who are in service could obtain Engineering Degree in Regular Course and take appropriate action thereon. (e) DIRECT by the issue of an appropriate order in the nature of mandamus or any other order directing the Respondents to re-do the seniority list as per the directions to be issued by this Hon'ble Court after considering the above prayers and grant all consequential benefits; (f) PASS such other orders just and expedient in the circumstances of the case including the award of costs. (g) ISSUE WRIT OR ORDER declaring that withdrawal of the elevation scheme at Item No.282/07, Extract of minutes of the 282nd meeting of the Board of Directors of Karnataka Power Corporation Limited dated 16/11/2021 (Annexure W) and Order bearing No. A1P1C / 2668 dated 16/12/2021 with effect from 16/11/2021 (Annexure - X) is unconstitutional and void and further declare that withdrawal / annulling the elevation scheme has come into effect with effect from the day Annexure - G is operated and review all promotions and redo the seniority list of Assistant Engineering and other higher cadres namely Assistant Executive Engineer, Superintending Engineer; - 26 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER (h) DECLARE that operation of Elevation to Higher Position Scheme for the year 2021-2022 is unconstitutional and void pursuant to the decision at Item No.282/07, Extract of Minutes of the 282nd Meeting of the Board of Directors of Karnataka Power Corporation dated 16/11/2021 (Annexure W), and the Order bearing No. A1P1C / 2668 dated 16/12/2021 (Annexure - X) and STRIKE DOWN the same, in the interest of justice and equity. 5. The learned Single Judge having considered the judgment in the case of K.Narayanan and Others Vs. State of Karnataka and Others (1994 SUPP (1) SCC 44) which was the judgment in respect of the same Rules of the Karnataka Public Works Engineering Department Service adopted by the KPCL and the judgment in the case of Devi Prasad Vs. Government of A.P. (1980 Supp. SCC 206) and P. Sudhakar Rao and others Vs. U. Govinda Rao and others (2013 8 SCC 693), held that the KPCL having taken a policy decision to comply with the judgment in K. Narayanan (supra) cannot be allowed to sleep over the matter, but is bound to give effect to by considering the past service only for the purpose of eligibility and also to ensure that the fixation of - 27 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER the deemed date is not from the date when the concerned employee was not even born in the cadre. 6. The Cadre and Recruitment Rules, 1992 have been replaced by the KPCL (Cadre, Recruitment, Probation, Promotion and Seniority) Rules, 1977 (hereinafter referred to as the Recruitment Rules, 1977). 7. The learned Single Judge has held that the elevation scheme for giving promotion to the persons who had acquired the qualification to be promoted as Assistant Engineer in this scheme/project bearing number SR062 dated 04.03.2003 in terms of which, any Junior Engineer who acquired higher qualification is entitled to be upgraded to the post of Assistant Engineer does not militate against the Recruitment Rules, 1997. The learned Single Judge has disposed of the writ petition by issuing the following directions: "20. Therefore, in the light of the above, this writ petition is disposed off on the following terms: (i) The orders of appointment of the respondent No.2 to 22 as Assistant Engineers by appointment on transfer or by applying the elevation - 28 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER scheme, are not disturbed but are subject to the following: (a) The respondent No.1 shall forthwith review all promotions granted to the Junior Engineers by transfer as per its earlier policy in memo No.A1P1A/4367 dated 28.03.1987 in the light of the judgments of the Hon'ble Supreme Court in K. Narayanan and others and P. Sudhakar Rao and others, referred supra. (b) The appointments of the respondent Nos.2 to 22 and similarly situated personnel shall be reviewed and reconsidered by treating 1/3rd weightage of past service in the post of Junior Engineer for the limited purpose of eligibility and their notional date shall be subject to vacancies and shall not be given effect to from a date when they were not born in service. (c) For implementation of the elevation scheme, a Junior Engineer shall have a minimum qualifying service in the post before being promoted to the post of Assistant Engineer. - 29 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER (d) In all cases of appointment by transfer or under a ladder scheme, Junior Engineers promoted to the post of Assistant Engineers shall be placed below direct recruit assistant engineers based on their respective dates of entry into service. (e) The aforesaid exercise shall be done by the respondent No.1 within a period of six months from the date of receipt of a certified copy of this Order. (ii) The question whether appointment on transfer or under the elevation scheme given to Assistant Engineers with B.E. (Industrial Production) and B.E. (Automobile) is in violation of the Karnataka Power Corporation Limited (Cadre, Recruitment, Probation, Promotion and Seniority) Rules, 1997 or not, is kept open to be considered in an appropriate case. (iii) Similarly, the legality of withdrawal of the elevation scheme with effect from 16.11.2021 is kept open to be considered in an appropriate case. (iv) Likewise, the constitutionality of the elevation scheme for the year 2021-22 is also kept open to be considered in an appropriate case. - 30 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER (v) The respondent No.1 is reserved liberty to take action against all those Assistant Engineers, who have availed the benefit of promotion by transfer or under the elevation scheme, if it is found that the bachelors degree obtained by them is not in accordance with law. " 8. Learned Senior Counsel appearing for the appellants submitted that vide impugned judgment and order, the long standing seniority list has been disturbed. It is well settled law that long standing seniority of the employee should not be disturbed. 9. In the present case, it is not the long standing seniority which would get disturbed but it is the seniority of the Junior Engineer who on promotion as Assistant Engineer by transfer have been given seniority from the date when they were not even born in the service would get disturbed. It is only for 5 years the seniority has remained in operation and therefore, it cannot be said that the seniority is a long standing seniority between the employees. 10. It is cardinal principle of seniority that a person who is not born in the cadre cannot be given seniority before he - 31 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER enters into the service cadre. The cardinal principle has to be followed in giving seniority to the Assistant Engineers who were appointed to the post of Assistant by transfer after having acquired degree during their service. Their seniority has to be counted only from the date when they were promoted in the cadre of Assistant Engineer and by giving notional seniority of four (4) years or 1/3rd of their service rendered as Junior Engineer or to the maximum of four (4) years cannot be countenanced and this would be against the judgment of the Supreme Court in the case of K. Narayanan (supra). Further an illegality cannot be perpetuated merely on the ground that for a period of a few years the seniority list was not challenged. Fundamentally when the Assistant Engineers promoted by transfer cannot have any legal right for seniority from the date when they were not promoted. If in law they are not entitled to the seniority from the date when not born on the cadre, they would not acquire a right in law for seniority if an incorrect and illegal seniority list remained in force for a few years. Further, weightage of 1/3rd service upto 4 years maximum on the post of Junior Engineer is only for the eligibility and not for seniority. - 32 - HC-KAR NC: 2025:KHC:46254-DB WA No. 548 of 2025 C/W WA No. 579 of 2025 WA No. 608 of 2025 AND 1 OTHER We, therefore, do not find any substance in these appeals, which are hereby dismissed. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 1