- 1 - NC: 2025:KHC:6937 WP No. 9845 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 9845 OF 2021 (S-RES) BETWEEN: SRI. GURUSWAMY. M S/O SRI. MOTAIAH AGED ABOUT 46 YEARS, NO.554, KANAKA NAGAR, NEAR JNANA MANDIRA SCHOOL, YELACHENHALLI WARD NO.185, J. P. NAGAR POST, BANGALORE-560 078. …PETITIONER (BY SRI. SRINIVASA K., ADVOCATE) AND: 1. THE MANAGING DIRECTOR BESCOM, CORPORATION OFFICE, K R CIRCLE, BANGALORE-560 001. 2. THE GENERAL MANAGER (A AND HR) BESCOM, K. R. CIRCLE, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6937 WP No. 9845 of 2021 BANGALORE-560 001. 3. THE EXECUTIVE ENGINEER (ELE) BESCOM, VIDHANA SOUDHA DIVISION CRESCENT ROAD, BANGALORE-560 001. …RESPONDENTS (BY SRI. B.L. SANJEEV, ADVOCATE) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 08.01.2020 ADDRESSED TO THE R-1 AS PER ANNEXURE-J AND CONSEQUENTLY DIRECT TO ABSORB THE SERVICES OF THE PETITIONER AS PROBATIONARY MAZDOOR TO BE RETROSPECTIVELY EFFECTIVE FROM JANUARY 2017 WITH CONTINUITY OF SERVICE AND ALL CONSEQUENTIAL BENEFITS INCLUDING FULL ARREARS OF SALARY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:6937 WP No. 9845 of 2021 ORAL ORDER Heard Sri. Srinivasa.K., learned counsel for the petitioner and Sri. B.L.Sanjeev, learned counsel for respondent Nos.1 to 3. Perused the writ petition papers. 2. The petitioner is before this Court under Article 226 of the Constitution of India, with a prayer for issuance of mandamus directing the respondents to consider the representation of the petitioner dated 08.01.2020 (Annexure-J) and consequently direct absorption of the services of the petitioner as probationary mazdoor retrospectively from January, 2017 with continuity of service and all consequential benefits. 3. Learned counsel Sri. Srinivasa.K., would submit that the petitioner was appointed in the year 2001 as Gangman and he submits that he would be entitled for absorption as probationary mazdoor in terms of the settlement dated 03.06.2004. Therefore, he requests for a direction to the respondents to consider his representation and pass appropriate orders. - 4 - NC: 2025:KHC:6937 WP No. 9845 of 2021 4. Learned counsel Sri. B.L.Sanjeev appearing for respondent Nos.1 to 3 would submit that the petitioner would not fulfill the conditions or criteria for absorption as probationary mazdoor in terms of the settlement dated 03.06.2004 and further referring to the statement of objection submits that the petitioner has not completed required service for considering his case for absorption. 5. Having heard the learned counsel for the parties and on perusal of the writ petition papers, it is seen that the petitioner is before this Court seeking for a writ of mandamus to consider his case for absorption as probationary mazdoor in terms of the settlement dated 03.06.2004. In terms of the settlement, a Gangman who is continuously worked and completed six years of service as on 01.04.2003, subject to the seniority and suitability, would be absorbed as probationary mazdoors. 6. Learned counsel for the petitioner submits that the persons who are not fulfilling the criteria of settlement are also absorbed. - 5 - NC: 2025:KHC:6937 WP No. 9845 of 2021 7. When a person comes before the Court seeking for a writ of mandamus, one should establish his right and consequential failure of the respondents to consider his request. 8. In the instant case, though the respondents have stated that the petitioner is not entitled for absorption as probationary mazdoor, they have not issued any Endorsement indicating the reasons as to why the petitioner is not entitled for absorption as probationary mazdoor. 9. In light of the above, the respondents are directed to consider representation of the petitioner dated 08.01.2020 (Annexure-J) in light of the settlement dated 03.06.2004 and pass an appropriate order in accordance with law. Accordingly, writ petition stands disposed off. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 10