- 1 - HC-KAR NC: 2025:KHC-D:14049 WP No. 106788 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106788 OF 2025 (S-PRO) BETWEEN: CHANDRASHEKHAR HANAMANT BOLEGUON, AGE: 50 YEARS, OCC: ASST ENGINEER (ELE), R/O: C/O R. R. BENTUR, L/G H NO -13, SANTHOSH NAGAR, HUBBALLI – 580 032. …PETITIONER (BY SRI. S. B. MALLIGAWAD, ADVOCATE) AND: 1. THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, R EP. BY KAVERI BHAVAN, BENGALURU – 560 009. 2. THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, REP. BY THE DIRECTOR (HUMAN RESOURCE) KAVERI BHAVAN,BENGALURU – 560 009. …RESPONDENTS (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO RESPONDENT TO CONSIDER THE PETITIONERS TO THE POST OF ASST. EXECUTIVE ENGINEER (ELE) WITH EFFECT FROM 10/07/2012 WITH ALL CONSEQUENTIAL BENEFITS, VIDE ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14049 WP No. 106788 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer: 1. Issue a writ in the nature of Mandamus to Respondent to consider the petitioners to the post of Asst. Executive Engineer (Ele) with effect from 10/07/2012 with all consequential benefits, vide Annexure-C. 2. Issue a writ in the nature of Mandamus directing the respondents to include petitioners name in the official memorandum or promotion list dated 10.07.2012 vide Annexure C passed by Respondent No.1. 3. Grant any other relief which this Hon’ble court may deem fit in the interest of justice and equity. 2. Heard Sri. S.B. Malligawad, learned counsel appearing for the petitioner and Sri. Shivaraj P. Mudhol, learned counsel for the respondents. 3. Facts in brief germane are as follows: 4. The petitioner is appointed as an Assistant Engineer (Electrical) in the Corporation. After about 13 years of his service, a complaint comes to be registered - 3 - HC-KAR NC: 2025:KHC-D:14049 WP No. 106788 of 2025 against the petitioner and others on certain omissions and commissions. This leads to the Police conducting investigation and filing a charge sheet and the concerned Court taking cognizance of the offence and registering C.C. No.151/2012 which is now re-numbered as C.C. No.230/2017. Simultaneously the petitioner was also proceeded departmentally. The departmental enquiry exonerated the petitioner alongwith other employees. What remained was grant of promotion with retrospective effect from the date on which juniors were promoted. The similarly situated employees approached this Court in Writ Petition No.105509/2024, which comes to be disposed on 29.11.2024 with a direction to consider grant of promotion to those petitioners. It transpires that the respondent – Corporation has granted promotion to those petitioners, who were co-delinquent employees along with the petitioner, this is after the Division Bench also confirming the order passed by the learned Single Judge and a Special Leave Petition against the said order also being dismissed. - 4 - HC-KAR NC: 2025:KHC-D:14049 WP No. 106788 of 2025 What remains is, the case of the petitioner to be considered for grant of promotion as is considered in the case of the co-delinquents. The non-consideration of it has driven the petitioner to this Court. 5. The learned counsel appearing for the respondent – Corporation would submit that the case of the petitioner would also merit consideration like the cases of the co-delinquent employees who have been granted promotion. 6. The learned counsel for the respondent though would refute the submission of the petitioner, is not in a position to dispute the fact that the Co-ordinate Bench had directed grant of relief, the Division Bench affirms it and the Supreme Court has refused to interfere with the case on hand. 7. In the light of the said circumstance and the submission so made, I deem it appropriate to dispose the petition with a direction to the respondent to accord such - 5 - HC-KAR NC: 2025:KHC-D:14049 WP No. 106788 of 2025 promotion as is granted to the co-delinquents, with effect from 10.07.2012, within an outer limit of 4 weeks from the date of receipt of the copy of this order and with all consequential benefits that would flow from grant of such promotion. 8. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH / CT: ASC LIST NO.: 1 SL NO.: 42