IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT APPEAL NO. 414 OF 2023 (S-RES) C/W WRIT APPEAL NO. 423 OF 2023 (S-RES); WRIT APPEAL NO. 427 OF 2023 (S-RES); WRIT APPEAL NO. 437 OF 2023 (S-RES); WRIT APPEAL NO. 983 OF 2023 (S-PRO); WRIT APPEAL NO. 1211 OF 2023 (S-RES) IN W.A. No. 414 OF 2023: BETWEEN: 1. RAVINDRA K. THE SUPERINTENDING ENGINEER TL AND SS, KPTCL ANAND RAO CIRCLE BENGALURU - 560 009 2. GOPAL N. GAONAKAR THE SUPERINTENDING ENGINEER W AND M CIRCLE, KPTCL PRASARANA BHAVANA FTS COMPUND N. R. MOHALLA MYSURU - 570 007 (NOW RETIRED ON 31.03.2023) 3. NAGESH S. THE EXECUTIVE ENGINEER TAQC, CORPORATE OFFICE CESC.No.29 VIJAYANAGARA, 2ND STAGE HINKAL MYSURU - 570 017 - 2 4 . SOMASHEKAR B. EXECUTIVE ENGINEER O & M DIVISION, CESC MADIKERI 5. SHASHI KUMAR H.S. THE EXECUTIVE ENGINEER RT DIVISION, KPTCL MANDYA 6. SOMASHEKARA M.K. THE EXECUTIVE ENGINEER PURCHASE SECTION CORPORATE OFFICE CESC. No.29 VIJAYANAGARA 2ND STAGE HINKAL MYSURU 570 017 7. SUNIL KUMAR A.A. THE EXECUTIVE ENGINEER O AND M DIVISION, CESC HUNSUR 8. THIMMEGOWDA D. THE EXECUTIVE ENGINEER O AND M DIVISION CHANDAPURA BESCOM BENGALURU - 560 099 ... APPELLANTS (BY SRI. R. DEVDAS., SENIOR COUNSEL A/W SMT. ANASUYA DEVI K.S., ADOVCATE) AND: 1 . STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT ENERGY DEPARTMENT VIKAS SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001 - 3 2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REP. BY ITS MANAGING DIRECTOR CAUVERY BHAVAN, K G ROAD BENGALURU-560 009 3. THE DIRECTOR (ADMIN AND HR) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED CAUVERY BHAVAN K G ROAD BENGALURU-560 009 4. MALATESH N KODLIYAVAR S/O NEELAPPA M KODIYAVAR AGED ABOUT 53 YEARS WORKING AS DEPUTY GENERAL MANAGER (QS AND S) CORPORATE OFFICE, BESCOM K.R CIRCLE BENGALURU-560 001 5. B V PALANETRA S/O B VEERAPPA AGED ABOUT 44 YEARS WORKING AS EXECUTIVE ENGINEER WHITEFIELD DIVISION BESCOM WHITEFILED BENGALURU-560 060 6. MANJAPPA S/O CHENNAMOOLYA AGED ABOUT 55 YEARS WORKING AS SUPERINTENDING ENGINEER ELECTRICAL, O AND M CIRCLE MESCOM MANGALORE - 575 004 7. KRISHNA MURTHY P. THE GENERAL MANAGER POWER PURCHASE, CORPORATE OFFICE BESCOM, K R CIRCLE BENGALURU-560 001 8. NAGARAJ G. P. THE SUPERINTENDING ENGINEER - 4 MESCOM BHAVANA CORPORATE OFFICE, MESCOM BEJAI KAVOOR ROAD BEJAI MANGALORE-575 004 9. PUSHPA S.A. THE SUPERINTENDING ENGINEER MESCOM BHAVANA, CORPORATE OFFICE MESCOM, BEJAI KAVOOR ROAD BEJAI MANGALORE-575 004 10. RAMESH H.J. THE GENERAL MANAGER METERS AND COMMERCIAL CORPORATE OFFICE BESCOM, K R CIRCLE BENGALURU-560 001 11. SRINIVASAPPA THE GENERAL MANAGER KREDL, SCOUTS BHAVANA PALACE ROAD BENGALURU -560 001 12. VISHWANATHARAO SOLANKI R. THE SUPERINTENDING ENGINEER O AND M WEST CIRCLE BESCOM, NEXT TO CHORD ROAD HOSPITAL SIDDAIAH PURANIK ROAD BASAVESHWAR NAGAR BENGALURU-560 079 13. SHIVARAM SINGH THE SUPERINTENDING ENGINEER BMRCL DEEPANJALI NAGAR MYSURU ROAD BENGALURU -560 026 14. BASAVARAJ B PAIL THE SUPERINTENDING ENGINEER O AND M CIRCLE HESCOM CHIKODI-591 201 - 5 15. JAMES PHILIP THE GENERAL MANAGER, DAS SECTION CORPORATE OFFICE BESCOM K R CIRCLE BENGALURU-560 001 16. SHARANAPPA M.T. THE GENERAL MANAGER KAVIKA, BAPUJINAGAR MYSURU ROAD BENGALURU-560 026 17. CHANDRAN T.S. THE SUPERINTENDING ENGINEER C, O AND M NORTH CIRCLE, BESOCM 3RD FLOOR CRESCENT TOWERS CRESCENT ROAD MADHAVANAGAR BENGALURU-560 001 18. GURUSWAMY K.H. THE SUPERINTENDING ENGINEER O AND M CIRLCE, BESCOM KOLAR-563 102 19. GIRIDHAR KULKARNI THE SUPERINTENDING ENGINEER O AND M CIRCLE, HESCOM NEHRU NAGAR BELAGAVI-590 010 20. VENKATESH PRASAD R. THE SUPERINENDING ENGINEER TRANSMISSION, W AND M CIRCLE KPTCL VIDYANAGAR SHIMOGGA-577 201 21. SRIKANTH M. SASALATTI THE SUPERINTENDING ENGINEER W AND M CIRCLE, KPTCL NEHRU NAGAR BELAGAVI-590 010 22. SRINIVAS T.V. THE SUPERINTENDING ENGINEER (OFFICE) - 6 O AND M ZONE, BESCOM CHITRADURGA-577 501 23. SHASHIDHAR O.S. THE SUPERINTENDING ENGINEER IT AND M T, CORPORATE OFFICE NAVANAGAR HUBBALLI-580 025 24. MITARE S.S. THE SUPERINTENDING ENGINEER RT CIRCLE, VIDYUT NAGAR KPTCL HUBBALLI - 580 024 25. HIREMATH K.G. THE SUPERINTENDING ENGINEER O AND M CIRCLE HESCOM BAGALKOT-587 101 26. PRAKASH V. THE SUPERINTENDING ENGINEER CORPORATE OFFICE TECHNICAL CESC, No.29 VIJAYANAGARA 2ND STAGE HINKAL MYSURU- 570 017 27. ABDUL MAJID THE SUPERINTENDING ENGINEER BMRCL DEEPANJALI NAGAR MYSURU ROAD BENGALURU-560 026 28. ALLABAKSH B. THE SUPERINTENDING ENGINEER W & M, KPTCL TUMKURU, ASHOK NAGAR TUMKURU-572 103 29. GIRISH B.V. THE SUPERINTENDING ENGINEER RT & R & D KPTCL, KAVERI BHAVAN BENGALURU-560 009 - 7 30 . RAMESH H.G. THE SUPERINTENDING ENGINEER ELECTRICAL BANGALORE RURAL O & M CIRCLE BESOCM 1ST FLOOR, TTMC BENGALURU-560 060 31. RAMASWAMY M.L. THE DEPUTY GENERAL MANAGER (OPERATION) CORPORATE OFFICE, BESCOM K R CIRLCE BENGALURU-560 001 32. NATARAJ U.S. THE EXECUTIVE ENGINEER OF THE CHIEF ENGINEER, O & M ZONE BALLARI -583 102 33. MOHAN RAO BIRADAR THE SUPERINTENDING ENGINEER IL & SS, KPTCL, RAMANAGARA CIRCLE 220 KV R/S VRUSHABHAVATI MYSURU ROAD BENGALURU-560 039 34. SADEV MANKARE THE EXECUTIVE ENGINNER CORPORATE OFFICE, STATION ROAD GESCOM KALABURAGI -585 102 35. SHARANAPPA G. THE SUPERINTENDING ENGINEER O & M CIRCLE HESCOM NEXT TO VDA OFFICE MANAGULI ROAD VIJAYAPURA-586 109 36. NAGARAJ M.L. THE DEPUTY GENERAL MANAGER CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU-560 001 - 8 37. SWAMY H.S. (1961) THE EXECUTIVE ENGINNER MAJOR WORKS DIVISION, KPTCL PRASARANA BHAVANA FTS COMPOUND, N R MOHALLA MYSURU-570 007 38. RIZWAN PASHA THE DEPUTY GENERAL MANAGER (PMU) CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU-560 001 39. RANGASWAMY P. THE DEPUTY GENERAL MANAGER (PROJECTS) CORPORATE OFFICE, BESCOM K R CIRLCE BENGALURU-560 001 40. ATHEEBULLA KHAN THE EXECUTIVE ENGINEER TL & SS DIVISION, KPTCL N R HOHALLA MYSURU-570 007 41. RANGARAJU S. THE EXECUTIVE ENGINEER R T DIVISION KPTCL MYSURU 42. ANANDA K.A. EXECUTIVE ENGINEER MAJOR WORKS DIVISION KPTCL BAGALKOT 58 7102 43. ROMARAJU M. THE EXECUTIVE ENGINEER, TAQC, O/O CHIEF ENGINEER, O & M ZONE, BESCOM, CHITRADURGA-577 501 44. GURAYYAMATH THE EXECUTIVE ENGINEER AUDIT PARA, KPTCL - 9 KAVERI BHAVAN BENGALURU 560 009 45. NAGARAJ S.R. THE DEPUTY GENERAL MANAGER(PROJECTS) CORPORATE OFFICE, BESCOM KR CIRCLE BENGALURU-560 001 46. LOKESH L. THE EXECUTIVE ENGINEER VIGILLANCE, CORPORATE OFFICE CESC, NO.29, VIJAYANAGARA 2ND STAGE HINKAL MYSURU 570 017 47. ABDUL REHAMAN THE EXECUTIVE ENGINEER BMRCL SADANANDANAGAR BENNIGANA HALLI BENGALURU-560 038 48. YOGESH B.K. THE EXECUTIVE ENGINEER O & M DIVISION NR MOHALLA CESC MYSURU-570 007 49. RAMESH H.N. THE EXECUTIVE ENGINEER TL AND SS DIVISION TORE KADANAHALLI HALAGUR POST MALAVALLI TALUK MANDYA DISTRICT-571 421 50 . SHIVAKUMAR K. THE EXECUTIVE ENGINEER O & M DIVISION MESCOM CHIKAMAGALURU-577 101 51. VENKATESH P.K. THE EXECUTIVE ENGINEER KARNATAKA ELECTRICITY - 10 REGULATORY COMMISSION MILLERS TANK BUND VASANTH NAGAR BENGALURU-560 052 52. BASAVARAJ S.H. THE EXECUTIVE ENGINEER TL AND SS, KPTCL MUNIRABAD 53. CHANNABASAPPA M. THE EXECUTIVE ENGINEER TL AND SS, KPTCL SOMANHALLI, 220KV STATION KANAKAPURA ROAD BENGALURU 560 082 54. H.D. MAHESH THE EXECUTIVE ENGINEER MAJOR WORKS DIVISION KPTCL, MANDYA 55. METI HANUMNTHAPPA THE EXECUTIVE ENGINEER C AND M DIVISION GESCOM HOSAPETE 56. NARAHARI K.R. DGM, VIGILANCE BESCOM IST FLOOR CRESCENT TOWERS CRESCENT ROAD MADHAVANAGAR BENGALURU-560 001 57. SALEEM THE EXECUTIVE ENGINEER TL AND SS KPTCL PEENYA BENGALURU 58. KITTUR M.M. THE EXECUTIVE ENGINEER HOTLINE DIVISION - 11 KPTCL, VIDYUTH NAGAR HUBBALLI 580 024 59. REVANSIDDAPPA G.M. THE EXECUTIVE ENGINEER MT DIVISION BESCOM CHITRADURGA 60. LOKESH BABU M. THE EXECUTIVE ENGINEER, MR. DIVISION, BESCOM BMAZ, GAVIPURAM BENGALURU 61. RAMASWAMY R. THE EXECUTIVE ENGINEER PROJECTS CORPORATE OFFICE, CESC, NO. 29, VIJAYANGARA 2ND STAGE, HINKAL MYSURU 570 017 62. AMARNATH N. THE EXECUTIVE ENGINEER KARNATAKA SOLAR POWER DEVELOPMENT CORPORATION LTD. SEEDS CORPORATION PREMISES NEAR HEBBAL FLY OVER BUS STOP BENGALURU 63. KHADARVALI S. THE EXECUTIVE ENGINEER GIS STATION EAST DIVISION COMPOUND RESIDENCY ROAD BENGALURU - 560 001 64. SIDDAPPA BINJAGERI THE EXECUTIVE ENGINEER O & M DIVISION HESCOM BIJAPURA - 12 65. KRISHNA MURTHY B. THE DEPUTY GENERAL MANAGER DAS, HSR LAYOUT BESCOM BENGALURU 66. MOHAMED MUSTHQ THE EXECUTIVE ENGINEER TECHNICAL SECTION KPTCL KAVERI BHAVAN BENGALURU - 560 009 67. DINESH H.R. THE EXECUTIVE ENGINEER REGULATORY AFFAIRS CORPORATE OFFICE CESC, No.29 ,VIJAYANAGAR 2ND STAGE, HINKAL MYSURU 570 017 68. GIRISH KUMAR M. THE EXECUTIVE ENGINEER RT DIVISION KPTCL MANGALORE 69 . BHARATHI K.S. EXECUTIVE ENGINEER O/O SUPERINTENDING ENGINEER O & M CIRCLE CESC SANTHEPETE HASSAN 573 201 70 . SOMASHEKAR H. THE EXECUTIVE ENGINEER T L AND S.S DIVISION KPTCL, HOOTAGALLI MYSURU - 570 027 …RESPONDENTS (BY SMT. SHWETHA KRISHNAPPA, AGA FOR R1; SRI. SHIRISH KRISHNA., ADVOCATE FOR R2 & R3; Ms. M.L. SUVARNA FOR SRI K.PUTTEGOWDA, ADVOCATES FOR C/R4 & R5) - 13 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 27.03.2023 IN WP No.12567/2020 (S-RES). IN WA NO 423 OF 2023: BETWEEN: 1. RAMESH H.J. THE GENERAL MANAGER METERS & COMMERCIAL CORPORATE OFFICE BESCOM, K.R. CIRCLE BENGALURU-560 001 2. RAMASWAMY M.L. THE DEPUTY GENERAL MANAGER (OPERATION) CORPORATE OFFICE, BESCOM K.R. CIRCLE BENGALURU-560 001 3. NAGARAJA M.L. THE DEPUTY GENERAL MANAGER (OPERATION) CORPORATE OFFICE, BESCOM K.R. CIRCLE BENGALURU-560 001 4. ROMARAJU M. DELETED THE EXECUTIVE ENGINEER VIDE COURT ORDER TAQC, O/O CHIEF ENGINEER DATED 27.04.2023 O AND M ZONE, BESCOM CHITRADURGA-577 501 ... APPELLANTS (BY SRI. VIJAYA KUMAR, ADVOCATE) AND 1. MALATESH N. KODLIYAVAR S/O NEELAPPA M. KODLIYAVAR AGED ABOUT 53 YEARS WORKING AS DEPUTY GENERAL MANAGER (QS AND S) CORPORATE OFFICE BESCOM, K.R. CIRCLE BENGALURU-560 001 - 14 2. B.V. PALANETRA S/O B. VEERAPPA AGED ABOUT 44 YEARS WORKING AS EXECUTIVE ENGINEER WHITEFIELD DIVISION, BESCOM WHITEFILED BENGALURU-560 060 3. SRI. MANJAPPA S/O CHENNAMOOLYA AGED ABOUT 55 YEARS WORKING AS SUPERINTENDING ENGINEER ELECTRICAL, O & M CIRCLE MESCOM MANGALORE 4. STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, ENERGY DEPARTMENT VIKASA SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU-560 001 5 . KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REP.BY ITS MANAGING DIRECTOR CAUVERY BHAVANA, K.G. ROAD BENGALURU-560 009 6. THE DIRECTOR (ADMIN & HR) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, CAUVERY BHAVAN, K G ROAD BENGALURU-560 009 7. KRISHNA MURTHY P THE GENERAL MANAGER POWER PURCHASE CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU-560 001 8. NAGARAJ G.P. THE SUPERINTENDING ENGINEER MESCOM BHAVANA, CORPORATE OFFICE MESCOM, BEJAI KAVOOR ROAD BEJAI MANGALORE-575 004 - 15 9 . PUSHPA S.A. THE SUPERINTENDING ENGINEER MESCOM BHAVANA, CORPORATE OFFICE MESCOM, BEJAI, KAVOOR ROAD, BEJAI MANGALORE-575 004 10 . SRINIVASAPPA THE GENERAL MANAGER KREDL SCOUTS BHAVANA, PALACE ROAD BENGALURU -560 001 11 . VISHWANATHARAO SOLANKI R. THE SUPERINTENDING ENGINEER O AND M WEST CIRCLE BESCOM NEXT TO CHORD ROAD HOSPITAL SIDDAIAH PURANIK ROAD BASAVESHWAR NAGAR BENGALURU-560 079 12. SHIVARAM SINGH THE SUPERINTENDING ENGINEER BMRCL, DEEPANJALI NAGAR MYSURU ROAD BENGLAURU - 560 026 13. BASAVARAJ B PATIL THE SUPERINTENDENT ENGINEER O AND M CIRCLE, HESCOM CHIKODI-591 201 14 . JAMES PHILIP THE GENERAL MANAGER, DAS SECTION CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU-560 001 15. SHARANAPPA M.T. THE GENERAL MANAGER KAVIKA BAPUJINAGAR MYSORE ROAD BENGALURU-560 026 16. CHANDRAN T.S. THE SUPERINTENDENT ENGINEER - 16 C,O AND M NORTH CIRCLE, BESOCM 3RD FLOOR, CRESCENT TOWERS CRESCENT ROAD, MADHAVANAGAR BENGALURU-560 001 17 . GOPAL N. GAONKAR THE SUPERINTENDING ENGINEER W AND M CIRCLE, KPTCL PRASARANA BHAVANA FTS COMPOUND, NR MOHALLA MYSURU-570 007 18. GURUSWAMY K.H. THE SUPERINTENDING ENGINEER O & M CIRCLE BESCOM KOLAR-563 102 19. GIRIDHAR KULKARNI THE SUPERINTENDING ENGINEER O & M CIRCLE, HESCOM NEHRU NAGAR BELAGAVI-590 010 20. VENKATESH PRASAD R. THE SUPERINTENDING ENGINEER TRANSMISSION W & M CIRCLE KPTCL, VIDYANAGAR SHIMOGGA-577 201 21 . SRIKANTH M. SASALATTI THE SUPERINTENDING ENGINEER W & M CIRCLE KPTCL NEHRU NAGAR BELAGAVI 590 010 22. SRINIVAS T.V. THE SUPERINTENDING ENGINEER (OFFICE) O & M ZONE, BESCOM CHITRADURGA 577 501 23 . SHASHIDHARA O.S. THE SUPERINTENDING - 17 ENGINEER IT AND MT CORPORATE OFFICE NAVANAGAR HUBBALLI-580 025 24 . RAVINDRA K. (1964) THE SUPERINTENDING ENGINEER TL AND SS KPTCL, ANAND RAO CIRCLE BENGALURU - 560 009 25 . MITARE S.S. THE SUPERINTENDING ENGINEER RT CIRCLE, VIDYUT NAGAR KPTCL, HUBALLI 580 024 26. HIREMATH K.G. THE SUPERINTENDING ENGINEER O AND M CIRCLE HESCOM BAGALKOT 587 101 27. PRAKASH V. THE SUPERINTENDING ENGINEER CORPORATE OFFICE TECHINCAL, CESC No.29 VIJAYANGARA 2ND STAGE HINKAL MYSURU-570 017 28. ABDUL MAJID THE SUPERINTENDING ENGINEER BMRCI DEEPANJALI NAGAR MYSURU ROAD, BENGALURU 560 026 29. ALLABAKASH B. THE SUPERINTENDING ENGINEER W AND M KPTCL TUMKUR, ASHOK NAGAR TUMAKURU 572 103 - 18 30. GIRISH B.V. THE SUPERINTENDING ENGINEER R T AND R AND D KPTCL, KAVERI BHAVAN BENGALURU 560 009 31. RAMESH H.G. THE SUPERINTENDING ENGINEER ELECTRICAL BANGALORE RURAL O AND M CIRCLE BESCOM 1ST FLOOR TTMC BENGALURU 560 060 32. NAGESH S. THE EXECUTIVE ENGINEER TAQC CORPORATE OFFICE CESC NO.29, VIJAYANAGARA 2ND STAGE, HINKAL MYSURU 570 017 33. NATARAJA U.S. THE EXECUTIVE ENGINEER OFFICE OF THE CHIEF ENGINEER O AND M ZONE BALLARI-583 102 34. MOHAN RAO BIRADAR THE SUPERINTENDING ENGINEER TL AND SS KPTCL RAMANAGARA CIRCLE 220 K V, R/S VRUSHABHAVATI MYSURU ROAD BENGALURU-560 039 35. SADEV MANAKERE THE EXECUTIVE ENGINEER CORPOATE OFFICE, STATION ROAD, GESCOM KALABURGI-585 102 36. SHARANAPPA G. THE SUPERINTENDING ENGINEER O AND M CIRCLE, - 19 HESCOM, NEXT TO VDA OFFICE MANGALURI ROAD VIJAYAPURA -586 109 37. SWAMY H.S. (1961) THE EXECUTIVE ENGINEER MAJOR, WORKS DIVISION KPTCL PRASARANA BHAVANA FTS COMPOUNND, N R MOHALLA MYSURU -570 007. 38. RIZWAN PASHA THE DEPUTY GENERAL MANAGER (PMU) CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU -560 001 39. RANGASWAMY P. THE DEPUTY GENERAL MANAGER (PROJECTS) CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU-560 001 40. ATHEEBULLA KHAN THE EXECUTIVE ENGINEER T L AND SS DIVISION KPTCL, N.R. MOHALLA MYSURU -570 007 41. SOMASHEKAR H. EXECUTIVE ENGINEER TL AND SS DIVISION, KPTCL HOOTAGALLI MYSURU-570 027 42. RANGARAJU S. THE EXECUTIVE ENGINEER RT DIVISION, KPTCL MYSURU 43 . ANANDA K.A. THE EXECUTIVE ENGINEER MAJOR WORKS DIVISION KPTCL, BAGALKOT-587 102 - 20 44. GURAYYAMATH THE EXECUTIVE ENGINEER AUDIT PARA KPTCL KAVERI BHAVANA BENGALURU -560 009 45. NAGARAJ S.R. THE DEPUTY GNERAL MANAGER (PROJECTS) CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU -560 001 46 . LOKESH L THE EXECUTIVE ENGINEER, VIGILANCE CORPORATE OFFICE CESC NO.29, VIJAYANAGAR, 2ND STAGE HINKAL MYSURU -570 017 47. ABDUL REHAMAN THE EXECUTIVE ENGINEER BMRCL, SADANANDANAGAR BENNIGANA HALLI BENGALURU-560038 48. YOGESH B.K. THE EXECUTIVE ENGINEER O AND M DIVISION N R MOHALLA CESC MYSURU -570 007 49. RAMESH H.N. THE EXECUTIVE ENGINEER T L & SS DIVISION TOREKADANAHALLI, HALAGUR POST MALAVALLI TALUK MANDYA DISTRICT-571 421 50. SHIVAKUMAR K. THE EXECUTIVE ENGINEER O AND M DIVISION, MESCOM CHIKAMAGALURU -577 101 - 21 51. VENKATESH P.K. THE EXECUTIVE ENGINEER KARNATAKA ELECTRICITY REGULATORY COMMISSION MILLERS TANK BUND VASANTH NAGAR BENGALURU -560 052 52. BASAVARAJ S.H. THE EXECUTIVE ENGINEER T L AND SS KPTCL MUNIRABAD 53. CHANNABASAPPA M THE EXECUTIVE ENGINEER, T L AND SS KPTCL SOMANAHALLI 20 K V STATION KANAKAPURA ROAD BENGALURU -560 082 54 . H D MAHESH THE EXECUTIVE ENGINEER MAJOR WORKS DIVISION KPTCL, MANDYA. 55. METI HANUMANTHAPPA THE EXECUTIVE ENGINEER, C AND M DIVISION, GESCOM HOSPETE 56. NARAHARI K.R. DGM VIGILANCE BESCOM 1ST FLOOR, CRESCENT TOWERS CRESCENT ROAD, MADHAVANAGAR BENGALURU -560 001 57. SALEEM THE EXECUTIVE ENGINEER TL AND SS KPTCL, PEENYA BENGALURU. 58. KITTUR M.M. THE EXECUTIVE ENGINEER HOTLINE DIVISION, KPTCL - 22 VIDYUTH NAGAR, HUBBALLI-580 024 59. REVANASIDDAPPA G.M. THE EXECUTIVE ENGINEER M T DIVISION, BESCOM CHITRADURGA 60. LOKESH BABU M. THE EXECUTIVE ENGINEER M T DIVISION, BESCOM BAMZ, GAVIPURAM BENGALURU 61. RAMASWAMY R. THE EXECUTIVE ENGINEER PROJECTS CORPORATE OFFICE CESC, NO.29, VIJAYANAGARA 2ND STAGE, HINKAL MYSURU -570 017 62. AMARANATH N. THE EXECUTIVE EINGINEER KARNATAKA SOLAR POWER DEVELOPMENT CORPORATION LTD. SEEDS CORPORATION PREMISES NEAR HEBBAL FLY OVER SUB STOP BENGALURU 63. KHADARVALI S. THE EXECUTIVE ENGINEER GIS STATION, EAST DIVISION COMPOUND RESIDENCY ROAD BENGALURU -560 001 64. SIDDAPPA BINJAGERI THE EXECUTIVE ENGINEER O AND M DIVISION, HESCOM BIJAPUR 65 . KRISHNAMURTHY B. THE DEPUTY GENERAL MANAGER DAS, HSR LAYOUT, BESCOM BENGALURU - 23 66. MOHAMED MUSHTAQ THE EXECUTIVE ENGINEER TECHNICAL SECTION, KPTCL KAVERI BHAVAN BENGALURU -560 009 67. SHASHIKUMAR H.S. THE EXECUTIVE ENGINEER RT DIVISION, KPTCL MANDYA 68. SOMASHEKARA M.K. THE EXECUTIVE ENGINEER PURCHASE SECTION, CORPORATE OFFICE, CESC, NO.29, VIJAYANAGARA 2ND STAGE HINKAL, MYSURU -570 017 69. DINESH H.R. THE EXECUTIVE ENGINEER REGULATORY AFFAIRS CORPORATE OFFICE CESC NO.29, VIJAYANAGARA 2ND STAGE HINKAL, MYSURU -570 017 70. SUNIL KUMAR A. THE EXECUTIVE ENGINEER O AND M DIVISION, CESC HUNSUR 71. GIRISH KUMAR M THE EXECUTIVE ENGINEER DIVISION, KPTCL MANGALORE 72. BHARATHI K.S. EXECUTIVE ENGINEER, O/O SUPERINTENDING ENGINEER O AND M CIRCLE CESC SANTHEPETE HASSAN-573 201 73. THIMMEGOWDA D. THE EXECUTIVE ENGINEER O AND M DIVISION - 24 CHANDAPURA BESCOM BENGALURU -560 099 74. SOMASHEKAR B. THE EXECUTIVE ENGINEER O AND M DIVISION, CESC MADIKERI … RESPONDENTS (BY SRI. BASAVAPRABHU S PATIL, SENIOR COUNSEL A/W. MS.M.L.SUVARNA, ADVOCATE FOR C/R1 & R2; SMT. SHWETHA KRISHNAPPA, AGA FOR R4; SRI SHIRISH KRISHNA, ADVOCATE FOR R5 & R6; SMT.K.S. ANASUYADEVI, ADVOCATE FOR R17, R24, R32, R41, R67, R68, R70 & R73) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO (a) SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 27.03.2023 PASSED IN W.P.No.12567/2020 (ANNEXURE-A) AND DISMISS THE WRIT PETITION AND ETC. IN WA NO.427 OF 2023: BETWEEN: 1. BASAVARAJ B PATIL S/O BHEEMANAGOWDA AGED ABOUT 58 YEARS THE SUPERINTENDING ENGINEER O AND M CIRCLE, HESCOM CHIKODI-591 201 2. LOKESH K BABU M. S/O LATE MAHADEVGOWDA AGED ABOUT 58 YEARS THE EXECUTIVE ENGINEER MT DIVISION, BESCOM BMAZ GAVIPURAM BENGALURU 3. GIRIDHAR KULKARNI S/O MADHUKAR RAO AGED ABOUT 56 YEARS THE SUPERINTENDING ENGINEER - 25 O AND M CIRCLE HESCOM, NEHRU NAGAR BELAGAVI-590 010 4. SRIKANTH M SASALATTI S/O MARUTHI SASALATTI AGED ABOUT 56 YEARS THE SUPERINTENDING ENGINEER W & M CIRCLE KPTCL, NEHRU NAGAR BELAGAVI-590 010 5. ANANDA K.A. S/O APPANNA HUCHHAPPA KESANUR AGED ABOUT 53 YEARS THE EXECUTIVE ENGINEER MAJOR WORKS DIVISION KPTCL, BAGALKOT-587 102 6. SHIVAKUMAR K. S/O HALLAPPA AGED ABOUT 53 YEARS THE EXECUTIVE ENGINEER O & M DIVISION, MESCOM CHIKKAMAGALURU-577101 7. VENKATESH P.K. S/O KODANDARAM PR AGED ABOUT 53 YEARS THE EXECUTIVE ENGINEER KARNATAKA ELECTRICITY REGULATORY COMMISSION MILLERS TANK BUND VASANTH NAGAR BENGALURU-560 052 8 BASAVARAJ S.H. LATE SHARANAYYA AGED ABOUT 53 YEARS THE EXECUTIVE ENGINEER TL AND SS, KPTCL MUNIRABAD 9. REVANASIDDAPPA G.M. S/O MARALUSIDDAPPA - 26 AGED ABOUT 55 YEARS THE EXECUTIVE ENGINEER MT DIVISION, BESCOM CHITRADURGA 10. RAMASWAMY R. S/O LATE RAMANNA AGED ABOUT 53 YEARS THE EXECUTIVE ENGINEER MT DIVISION, CORPORATE OFFICE CESC NO.29, VIJAYANAGAR 2ND STAGE HINKAL, MYSURU-570 017 11. AMARNATH N. S/O S. NARAYANAIAH AGED ABOUT 52 YEARS THE EXECUTIVE ENGINEER KARNATAKA SOLAR POWER DEVELOPMENT CORPORATION LTD. SEEDS CORPORATION PREMISES NEAR HEBBAL FLY OVER BUS STOP BENGALURU ... APPELLANTS (BY SRI. VAMSHI KRISHNA C., ADVOCATE) AND: 1. MALATESH N KODLIYAVAR S/O NEELAPPA M KODLYIYAVAR AGED ABOUT 53 YEARS WORKING AS DEPUTY GENERAL MANAGER (QS AND S) CORPORATE OFFICE BESCOM, K R CIRCLE BENGALURU-560 001 2. B.V. PALANETRA S/O B. VEERAPPA AGED ABOUT 44 YEARS WORKING AS EXECUTIVE ENGINEER WHITEFIELD DIVISION BESCOM, WHITEFIELD BENGALURU-560 060 - 27 3. MANJAPPA S/O CHENNAMOOLYA AGED ABOUT 55 YEARS WORKING AS SUPERINTENDING ENGINEER ELECTRICAL, O AND M CIRCLE, MESCOM MANGALURU 4. STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, ENERGY DEPARTMENT VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001 5. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REP. BY ITS MANAGING DIRECTOR CAUVERY BHAVANA K G ROAD BENGALURU-560 009 6. THE DIRECTOR (ADMIN AND HR) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED CAUVERY BHAVAN K G ROAD BENGALURU-560 009 7. KRISHNAMURTHY P. THE GENERAL MANAGER POWER PURCHASE CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU-560 001 8. NAGARAJ G.P. THE SUPERINTENDING ENGINEER MESCOM, BHAVANA CORPORATE OFFICE MESCOM, BEJAI KAVOOR ROAD BEJAI, MANGALURU -575 004 9. PUSHPA S.A. THE SUPERINTENDING ENGINEER MESCOM BHAVANA, CORPORATE OFFICE MESCOM, BEJAI KAVOOR ROAD - 28 BEJAI, MANGALURU -575 004 10. RAMESH H.J. THE GENERAL MANAGER METER AND COMMERCIAL CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU -560 001 11. SRINIVASAPPA THE GENERAL MANAGER KREDL, SCOUTS BHAVANA PALACE ROAD BENGALURU-560 001 12. VISHWANATHARAO SOLANKI R. THE SUPERINTENDING ENGINEER O AND M WEST CIRCLE BESCOM, NEXT TO CHORD ROAD HOSPITAL SIDDAIAH PURANIK ROAD BASAVESHWARANAGAR BENGALURU-560 079 13. SHIVARAM SINGH THE SUPERINTENDING ENGINEER BMRCL, DEEPANJALI NAGAR MYSURU ROAD BENGALURU-560 026 14. JAMES PHILIP THE GENERAL MANAGER DAS SECTION, CORPORATE OFFICE BESCOM, K.R. CIRCLE BENGALURU -560 001 15. SHARANAPPA M.T. THE GENERAL MANAGER KAVIKA, BAPUJINAGAR MYSORE ROAD BENGALURU -560 026 16. CHANDRAN T.S. THE SUPERINTENDING ENGINEER C, O AND M NORTH CIRCLE - 29 BESCOM, 3RD FLOOR CRESCENT TOWERS, CRESCENT ROAD MADHAVANAGAR BENGALURU -560 001 17. GOPAL N GAONKAR THE SUPERINTENDING ENGINEER W AND M CIRCLE KPTCL, PRASANNA BHAVANA FTS COMPOUND, N R MOHALLA MYSURU -570 007 18. GURUSWAMY K.H. THE SUPERINTENDING ENGINEER O AND M CIRCLE BESCOM KOLAR-563 102 19. VENKATESH PRASAD R. THE SUPERINTENDING ENGINEER TRANSMISSION W AND M CIRCLE KPTCL, VIDYANAGAR SHIMOGGA -577 201 20. SRINIVAS T.V. THE SUPERINTENDING ENGINEER (OFFICE) O AND M ZONE, BESCOM CHITRADURGA -577 501 21. SHASHIDHAR O.S. THE SUPERINTENDING ENGINEER IT AND MT, CORPORATE OFFICE NAVANAGAR HUBBALLI-580 025 22. RAVINDRA K. (1964) THE SUPERINTENDING ENGINEER TL AND SS, KPTCL ANAND RAO CIRCLE BENGLAURU-560 009 - 30 23. MITARE S.S. THE SUPERINTENDING ENGINEER RT CIRCLE, VIDYUT NAGAR KPTCL, HUBBALLI-580 024 24. HIREMATH K.G. THE SUPERINTENDING ENGINEER O AND M CIRCLE HESCOM BAGALKOT-587 101 25. PRAKASH V. THE SUPERINTENDING ENGINEER CORPORATE OFFICE, TECHNICAL CESC NO.29 VIJAYANAGARA 2ND STAGE HINKAL, MYSURU-570 014 26. ABDUL MAJID THE SUPERINTENDING ENGINEER BMRCL, DEEPANJALI NAGAR MYSURU ROAD BENGALURU-560 026 27. ALLABAKSH B. THE SUPERINTENDING ENGINEER W AND M KPTCL TUMKUR ASHOK NAGAR TUMKUR 572 103 28. GIRISH B.V. THE SUPERINTENDING ENGINEER RT AND R AND D KPTCL, KAVERI BHAVAN BENGALURU-560 009 29. RAMESH H.G. THE SUPERINTENDING ENGINEER ELECTRICAL BENGALURU RURAL O AND M CIRCLE, BESOCM 1ST FLOOR TTMC, BENGALURU 560 060 - 31 30. NAGESH S. THE EXECUTIVE ENGINEER TAQC, CORPORATE OFFICE, CESC NO.29 VIJAYANAGARA, 2ND STAGE, HINKAL MYSURU-570 017 31. RAMASWAMY M.L. THE DEPUTY GENERAL MANAGER (OPERATION), CORPORATE OFFICE BESCOM, K.R CIRCLE BENGALURU-560 001 32. NATARAJ U.S. THE EXECUTIVE ENGINEER OFFICE OF THE CHIEF ENGINEER O AND M ZONE BELLARI-583 102 33. MOHAN RAO BIRADAR THE SUPERINTENDING ENGINEER T L AND SS, KPTCL RAMANAGARA CIRCLE 220 KV, R/S VRUKSHABHAVATI MYSURU ROAD BENGALURU-560 039 34. SADEV MANAKARE THE EXECUTIVE ENGINEER COPORATE OFFICE STATION OFFICE ROAD GESCOM KALABURAGI-585 102 35. SHARANAPPA G. THE SUPERINTENDING ENGINEER O AND M CIRCLE, HESCOM NEXT TO VDA OFFICE MANAGULI ROAD VIJAYAPURA-586 109 - 32 36. NAGARAJA M.L. THE DEPUTY GENERAL MANAGER CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU-560 001 37. SWAMY H.S. ( 1961) THE EXECUTIVE ENGINEER MAJOR WORKS DIVISION KPTCL, PRASARANA BHAVANA FTS COMPOUND N.R. MOHALLA MYSURU-570 007 38. RIZWAN PASHA THE DEPUTY GENERAL MANAGER (PMU) CORPORATE OFFICE, BESCOM K.R. CIRICLE BENGALURU-560 001 39. RANGASWAMY P. THE DEPUTY GENERAL MANAGER (PROJECTS) CORPORATE OFFICE, BESCOM K.R. CIRICLE BENGALURU-560 001 40. ATHEEBULLA KHAN THE EXECUTIVE ENGINEER TL AND SS DIVISION,KPTCL N.R. MOHALLA MYSURU-570 007 41 . SOMESHKAR H. EXECUTIVE ENGINEER, TL AND SS DIVISION, KPTCL HOTAGALLI MYSURU-570 027 42. ROMARAJU M. THE EXECUTIVE ENGINEER TAQC, O/O CHIEF ENGINEER O AND M ZONE, BESCOM CHITRADURGA-577 501 - 33 43. GURUYYAMATH TEH EXECUTIVE ENGINEER AUDIT PARA, KPTCL KAVERI BHAVAN BENGALURU- 560 009 44. NAGARAJ S.R. THE DEPUTY GENERAL MANAGER (PROJECTS) CORPORATE OFFICE, BESCOM K.R. CIRCLE BENGALURU-560 001 45. ABDUL REHAMAN, THE EXECUTIVE ENGINEER, BMRCL, SADANANDANAGAR BENNIGANA HALLI BENGALURU-560 038 46. RAMESH H.N. THE EXECUTIVE ENGINEER T AND SS DIVISION TOREKADANAHALLI, HALAGURU POST, MALAVALLLI TALUK MANDYA DISTRICT-571 421 47. CHANNASAPPA M. THE EXECUTIVE ENGINEER TL AND SS, KPTCL, SOMANAHALLI 220 KV STATION KANAKAPURA ROAD BENGALURU-560 082 48 . METI HANUMANTHAPPA THE EXECUTIVE ENGINEER C AND M DIVISION, GESCOM HOSPETE 49. NARAHARI K.R. DGM, VIGILANCE, BESCOM, 1ST FLOOR CRESCENT TOWERS, CRESCENT ROAD MADHAVANAGAR - 34 BENGALURU-560 001 50. SALEEM, THE EXECUTIVE ENGINEER TL AND SS, KPTCL, PEENYA BENGALURU 51. KITTUR M.M. THE EXECUTIVE ENGINEER HOTLINE DIVISION, KPTCL VIDYUTH NAGAR HUBBALLI-580 024 52. KHDARVALI S. THE EXECUTIVE ENGINEER GIS STATION, EAST DIVISION COMPOUND, RESIDENCY ROAD BENGALURU-560 001 53. SIDDAPPA BINJAGERI THE EXECUTIVE ENGINEER O AND M DIVISION, HESCOM BIJAPUR 54. KRISHNA MURTHY THE DEPUTY GENERAL MANAGER DAS, HSR LAYOUT BESCOM BENGALURU 55. MOHAMED MUSHTAQ THE EXECUTIVE ENGINEER TECHNICAL SECTION. KPTCL KAVERI BHAVAN BENGALURU-560 009 56. SHASHI KUMAR H.S. THE EXECUTIVE ENGINEER R.T DIVISION, KPTCL MANDYA - 35 57. SOMASHEKARA M.K. THE EXECUTIVE ENGINEER PURCHASE SECTION CORPORATE OFFICE, CESC NO.29, VIJAYANAGAR 2ND STAGE HINKAL, MYSURU - 570 017 58. DINESH H.R. THE EXECUTIVE ENGINEER REGULATORY AFFAIRS CORPORATE OFFICE, CESC, NO.29 VIJAYANAGAR 2ND STAGE HINKAL, MYSURU - 570 017 59. SUNIL KUMAR A.A. THE EXECUTIVE ENGINEER O AND M DIVISION, SESC HANSUR 60. GIRISH KUMAR M. THE EXECUTIVE ENGINEER, RT DIVISION, KPTCL MANGALURU 61. BHARATHI K.S. THE EXECUTIVE ENGINEER O/O SUPERINTENDING ENGINEER O AND M CIRCLE, CESC SANHEPETE, HASSAN-573 201 62. THIMMEGOWDA D. THE EXECUTIVE ENGINEER O AND M DIVISION CHANDRAPURA, BESCOM BENGALURU - 560 009 63. SOMASHEKAR B. THE EXECUTIVE ENGINEER O AND M DIVISION, CESC MADIKERI - 36 64. LOKESH L. S/O LATE LAKKANNA B. AGED ABOUT 56 YEARS THE EXECUTIVE ENGINEER VIGILANCE, CORPORATE OFFICE CESC, NO.29, VIJAYANAGARA, 2ND STAGE HINKAL, MYSURU - 570 017 65. H.D. MAHESH H.H. DODDEGOWDA AGED ABOUT 53 YEARS THE EXECUTIVE ENGINEER MAJOR WORKS DIVISION KPTCL, MANDYA 66. RANGARAJU S. S/O SRINIVAS MURTHY AGED ABOUT 53 YEARS THE EXECUTIVE ENGINEER R.T. DIVISION KPTCL MYSURU 67. YOGESH B.K. S/O KEMPEGOWDA AGED ABOUT 54 YEARS THE EXECUTIVE ENGINEER O AND M DIVISION N.R. MOHALLA CESC, MYSURU- 570 007 … RESPONDENTS (BY MS. M.L. SUVARNA, ADVOCATE FOR SRI K.PUTTEGOWDA, ADVOCATE FOR C/R1 & R2; SMT. SHWETHA KRISHNAPPA, AGA FOR R4; SRI. K.N. PHANINDRA, SENIOR COUNSEL A/W. SRI. SHIRISH KRISHNA, ADVOCATE FOR R5 & R6; SMT. K.S. ANASUYADEVI, ADVOCATE FOR R17, R22, R30, R41, R56, R57, R59 & R62) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO (a) CALL FOR THE RECORDS IN WP No.12567/2020 (S-RES) WHICH WAS ALLOWED BY ORDER DATED 27.03.2023 (b) SET ASIDE THE JUDGMENT DATED - 37 27.03.2023 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.No.12567/2020 (S-RES) AND ALLOW THE INSTANT WRIT APPEAL AND CONSEQUENTLY DISMISS THE W.P.No.12567/2020 (S-RES) AND ETC. IN WA NO 437 OF 2023: BETWEEN: 1. PUSHPA S.A. D/O LATE B.R. ACHUTHA MURTHY AGED ABOUT 57 YEARS CHIEF ENGINEER (ELECTRICITY) O AND M ZONE, SHAKTI SOUDHA MESCOM, KAVOORU MANGALORE - 575 004 2. SRINIVASAPPA S/O ESHWARAPPA AGED ABOUT 62 YEARS RETIRED CHIEF ENGINEER R/AT NO.170 SRI VAJRAKAYA NILAYA 6TH CROSS, GRUHALAKSHMI LAYOUT BENGALURU-73 3. JAMES PHILIP S/O LATE P.M. PHILIP AGED ABOUT 58 YEARS CHIEF ENGINEER, SLDC KPTCL, NO.28, RACE COURSE ROAD A R CIRCLE BENGALURU-560 009 AND R/AT NO.698/C 2ND, A MAIN ROAD A BLOCK, KONENA AGRAHARA VINAYAKANAGARA BENGALURU-17 4. S.S. MITHARE S/O SHIVARAYA MITHARE AGED ABOUT 59 YEARS WORKING AS NO.14/3, 3RD FLOOR - 38 MAHARSHI ARAVINDA BHAVAN NRUPATHUNGA ROAD BENGALURU-01 AND R/AT PLOT NO.176 NISARGA LAYOUT DHARWAD-580 003 5. GIRISH B.V. S/O B S VENKATESH AGED ABOUT 56 YEARS CHIEF ENGINEER (ELE) RT AND R AND D, KPTCL 5TH FLOOR, KAVERI BHAVAN BENGALURU-560 009 AND R/AT NO.336, BHARANI 12TH CROSS, 1ST MAIN KENGERI SATELLITE TOWN BENGALURU - 560 060 6. M. GIRISH KUMAR S/O MALLACHARI AGED ABOUT 51 YEARS SUPERINTENDING ENGINEER MRT CIRCLE, MESOCM, ATTAVARA MANGALURU - 570 001 AND R/AT FLAT NO.103 C WING, VRUNDAVANA APARTMENT GANDHINAGAR, MANNAGUDDA MANGALURU-575 003 7. M. ROMARAJU S/O MYLAPPA AGED ABOUT 56 YEARS CHIEF ENGINEER HOTLINE SRS, PEENYA BENGALURU-560 058 AND R/AT 142 3RD MAIN ROAD DHAWALAGIRI LAYOUT CHITRADURGA-577 501 - 39 8. KRISHNAMURTHY S/O J. BABU NARASIMHAN AGED ABOUT 54 YEARS WORKING AS SUPERINTENDING ENGINEER (ELE) O AND M CIRCLE CESC, MANDYA-571 401 AND R/ AT NO.47 6TH CROSS, 7TH MAIN NAYAK LAYOUT J P NAGAR 8TH PHASE BENGALURU - 560 076 ... APPELLANTS (BY SRI. SUBRAMANYA BHAT M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT ENERGY DEPARTMENT VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001 2. 3. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REP. BY ITS MANAGING DIRECTOR CAUVERY BHAVAN K G ROAD BENGALURU-560 009 THE DIRECTOR (ADMN & HR) KARNATAKA POWER TRANSMISSION CORPORTION LIMITED CAUVERY BHAVAN K.G.ROAD BENGALURU - 560 009 - 40 4. MALATESH N KODLIYAVAR S/O NEELAPPA M KODLIYAVAR AGED ABOUT 53 YEARS WORKING AS DEPUTY GENERAL MANAGER (QS AND S) CORPORATE OFFICE BESCOM, K.R. CIRCLE BENGALURU-560 001 5. B.V. PALANETRA S/O B. VEERAPPA AGED ABOUT 44 YEARS WORKING AS EXECUTIVE ENGINEER WHITEFIELD DIVISION BESCOM, WHITEFIELD BENGALURU-560 060 6. MANJAPPA S/O CHENNAMOOLYA AGED ABOUT 55 YEARS WORKING AS SUPERINTENDING ENGINEER ELECTRICAL O AND M CIRCLE, MESCOM MANGALURU- 575 004 … RESPONDENTS (BY SMT. SHWETHA KRISHNAPPA, AGA FOR R1; SRI. SHIRISH KRISHNA, ADVOCATE FOR R3; MS. M.L. SUVARNA, ADVOCATE FOR SRI. K. PUTTEGOWDA FOR C/R4 & R5) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 27.03.2023 PASSED IN WP No.12567/2020 (S-RES), ON THE FILE OF THE LEARNED SINGLE JUDGE AND DISMISS THE ABOVE WRIT PETITION. IN WA NO 983 OF 2023: BETWEEN: 1. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REP. BY IT MANAGING DIRECTOR - 41 CAUVERY BHAVAN, K.G. ROAD BENGALURU-560 009 2. THE DIRECTOR (ADMN & HR) CAUVERY BHAVAN, K.G. ROAD BENGALURU -560 009 ... APPELLANTS (BY SRI. SHIRISH KRISHNA, ADVOCATE) AND: SRI. M.L. RAMASWAMY S/O LATE S. LAKSHMAN NAIK AGED ABOUT 52 YEARS WORKING AS SUPERINTENDING ENGINEER (IN CHARGE) HRD CENTRE, SHAKTHI NAGAR MANAGALORE ELECTRICITY SUPPLY COMPANY LIMITED MANGALURU-575 001 … RESPONDENT (BY SRI. SATISH K., ADVOCATE FOR C/R1) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE INSTANT WRIT APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 09.06.2023 RENDERED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP No.16594/2022, AND CONSEQUENTLY DISMISS THE PETITION IN WP No.16594/2022 (ANNEXURE-A) AND ETC. IN WA NO.1211 OF 2023: BETWEEN: 1. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REP. BY ITS MANAGING DIRECTOR CAUVERY BHAVAN K.G. ROAD BENGALURU-560 009 2. THE DIRECTOR (ADMIN & HR) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED - 42 CAUVERY BHAVAN, K.G. ROAD BENGALURU-560 009 ... APPELLANTS (BY SRI. S.S. NAGANAND, SENIOR COUNSEL A/W. SRI. SHIRISH KRISHNA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, ENERGY DEPARTMENT VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001 2. MALATESH N. KODIYAVAR S/O NEELAPPA M KODLIYAVAR WORKING AS DEPUTY GENERAL MANAGER (QI AND S) CORPORATE OFFICE, BESCOM K.R. CIRCLE BENGALURU-560 001 3. B.V. PALA NETRA S/O B. VEERAPPA AGED ABOUT 44 YEARS WORKING AS EXECUTIVE ENGINEER WHITEFIELD DIVISION BESCOM, WHITEFIELD BENGALURU-560 060 4. MANJAPPA S/O CHENNAMOOLYA AGED ABOUT 55 YEARS WORKING AS SUPERINTENDING ENGINEER ELECTRICAL, O AND M CIRCLE MESCOM MANGALURU -575 001 5. KRISHNA MURTHY P. THE GENERAL MANAGER POWER PURCHASE CORPORATE OFFICE, BESCOM K R CIRCLE - 43 BENGALURU-560 001 6. NAGARAJ G.P. THE SUPERINTENDING ENGINEER MESCOM, BHAVANA CORPORATE OFFICE MESCOM, BEJAI KAVOOR ROAD BEJAI, MANGALURU-575 004 7. PUSHPA S.A. THE SUPERINTENDING ENGINEER MESCOM BHAVANA, CORPORATE OFFICE MESCOM, BEJAI, KAVOOR ROAD BEJAI, MANGALURU -575 004 8. RAMESH H.J. THE GENERAL MANAGER METERS AND COMMERCIAL CORPORATE OFFICE BESCOM, K R CIRCLE BENGALURU-560 001 9. SRINIVASAPPA THE GENERAL MANAGER KREDL, SCOUTS BHAVANA PALACE ROAD BENGALURU-560 001 10. VISHWANATHARAO SOLANKI R. THE SUPERINTENDING ENGINEER O & M WEST CIRCLE, BESCOM NEXT TO CHORD ROAD HOSPITAL SIDDAIAH PURANIK ROAD BASAVESHWARA NAGAR BENGALURU-560 0079 11. SHIVARAM SINGH THE SUPERINTENDING ENGINEER, BMRCL DEEPANJALI NAGAR, MYSURU ROAD BENGALURU -560 026 12. BASAVARAJ B PATIL THE SUPERINTENDENT ENGINEER O AND M CIRCLE, HESCOM - 44 CHIKODI-591 201 13. JAMES PHILIP THE GENERAL MANAGER, DAS SECTION CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU-560 001 14. SHARANAPPA M.T. THE GENERAL MANAGER, KAVIKA BAPUJINAGAR, MYSORE ROAD BENGALURU-560 026 15. CHANDRAN T.S. THE SUPERINTENDENT ENGINEER C, O AND M NORTH CIRCLE, BESCOM 3rd FLOOR, CRESCENT TOWERS CRESCENT ROAD, MADHAVANAGAR BENGALURU-560 001 16. GOPAL N. GAONKAR THE SUPERINTENDING ENGINEER W AND M CIRCLE, KPTCL PRASARANA BHAVANA, FTS COMPOUND NR MOHALLA MYSURU-570 007 17. GURUSWAMY K.H. THE SUPERINTENDING ENGINEER O AND M CIRCLE, BESCOM KOLAR-563102 18. GIRIDHAR KULKARNI THE SUPERINTENDING ENGINEER O AND M CIRCLE, HESCOM NEHRU NAGAR BELAGAVI-590 010 19. VENKATESH PRASAD R. THE SUPERINENDING ENGINEER TRANSMISSION, W AND M CIRCLE KPTCL, VIDYANAGAR - 45 SHIMOGGA-577 201 20. SRIKANTH M. SASALATTI THE SUPERINTENDING ENGINEER W AND M CIRCLE, KPTCL NEHRU NAGAR BELAGAVI-590 010 21. SRINIVAS T.V. THE SUPERINTENDING ENGINEER, (OFFICE) O AND ZONE, BESCOM CHITRADURGA-577 501 22. SHASHIDHAR O.S. THE SUPERINTENDING ENGINEER IT AND M T, CORPORATE OFFICE NAVANAGAR HUBBALLI-580 025 23. RAVINDRA K. (1964) THE SUPERINTENDING ENGINEER, TL AND SS KPTCL, ANAND RAO CIRCLE BENGALURU-560 009 24. MITARE S.S. THE SUPERINTENDING ENGINEER RT CIRCLE, VIDYUT NAGAR, KPTCL HUBBALLI-580 009 25. HIREMATH K.G. THE SUPERINTENDING ENGINEER O AND M CIRCLE, HESCOM BAGALKOT-587 101 26. PRAKASH V. THE SUPERINTENDING ENGINEER CORPORATE, OFFICE TECHNICAL CESC, No.29, VIJAYANGARA 2ND STAGE HINKAL, MYSURU-570 014 27. ABDUL MAJID THE SUPERINTENDING ENGINEER - 46 BMRCL, DEEPANJALI NAGAR MYSURU ROAD BENGALURU-560 026 28. ALLABAKSH B. THE SUPERINTENDING ENGINEER W AND M, KPTCL, TUMKUR ASHOK NAGAR TUMKUR-572 103 29. GIRISH B.V. THE SUPERINTENDING ENGINEER RT AND R AND D, KPTCL KAVERI BHAVAN BENGALURU-560 009 30. RAMESH H.G. THE SUPERINTENDING ENGINEER ELECTRICAL, BENGALURU RURAL O AND M CIRCLE, BESOCM 1ST FLOOR, TTMC BENGALURU-560 060 31. NAGESH S. THE EXECUTIVE ENGINEER, TAQC CORPORATE OFFICE, CESC, NO.29 VIJAYANAGARA 2ND STAGE, HINKAL MYSURU-570 017 32. RAMASWAMY M.L. THE DEPUTY GENERAL MANAGER (OPERATION) CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU-560 001 33. NATARAAJ U.S. THE EXECUTIVE ENGINEER OFFICE OF THE CHIEF ENGINEER O AND M ZONE BALLARI-583 102 34. MOHAN RAO BARADAR THE SUPERINTENDING ENGINEER - 47 TL AND SS, KPTCL, RAMANAGARA CIRCLE 220 KV, R/S. VRUSHABHAVATI MYSURU ROAD BENGALURU-560 039 35. SADEV MANKARE THE EXECUTIVE ENGINEER CORPORATE OFFICE, STATION ROAD GESCOM, KALABURGI -585 102 36. SHARANAPPA G. THE SUPERINTENDING ENGINEER O AND M CIRCLE, HESCOM NEXT TO VDA OFFICE, MANAGULI ROAD VIJAYAPURA-5861 09 37. NAGARAJ M.L. THE DEPUTY GENERAL MANAGER CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU-560 001 38. SWAMY H.S. (1961) THE EXECUTIVE ENGINEER MAJOR WORKS DIVISION, KPTCL PRASARANA BHAVANA FTS COMPOUND, N R MOHALLA MYSURU-570 007 39. RIZWAN PASHA THE DEPUTY GENERAL MANAGER (PMU) CORPORATE OFFICE BESCOM K R CIRCLE BENGALURU-560 001 40. RANGASWAMY P. THE DEPUTY GENERAL MANAGER (PROJECTS) CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU-560 001 - 48 41. ATHEEBULLA KHAN THE EXECUTIVE ENGINEER TL AND SS DIVISION, KPTCL N R MOHALLA MYSURU-570 007 42. SOMASHEKAR H. EXECUTIVE ENGINEER TL AND SS DIVISION KPTCL, HOOTAGALLI MYSURU-570 027 43. RANGARAJU S. THE EXECUTIVE ENGINEER R T DIVISION, KPTCL MYSURU- 570 007 44. ANANDA K.A. THE EXECUTIVE ENGINEER MAJOR WORKS DIVISION, KPTCL BAGALKT-587 102 45. ROMARAJU M. THE EXECUTIVE ENGINEER TAQC, O/O. CHIEF ENGINEER O AND M ZONE, BESCOM CHITRADURGA-577 501 46. GURAYYAMATH THE EXECUTIVE ENGINEER AUDIT PARA, KPTCL, KAVERI BHAVAN BENGALURU-560 009 47. NAGARAJ S.R. THE DEPUTY GENERAL MANAGER (PROJECTS) CORPORATE OFFICE, BESCOM K R CIRCLE BENGALURU-560 001 48. LOKESH L. THE EXECUTIVE ENGINEER VIGILANCE - 49 CORPORATE OFFICE, CESC NO.29, VIJAYANAGARA 2ND STAGE HINKAL, MYSURU-570 017 49. ABDUL REHMAN THE EXECUTIVE ENGINEER, BMRCL SADANANDANAGAR BENNIGANA HALLI BENGALURU-560 038 50. YOGESH B.K. THE EXECUTIVE ENGINEER O AND M DIVISION N R MOHALLA, CESC MYSURU-570 007 51. RAMESH H.N. THE EXECUTIVE ENGINEER TL AND SS DIVISION, TORE KADANAHALLI, HALAGURU POST MALAVALLI TALUK MANDYA DISTRICT-571 421 52. SHIVAKUMAR K. THE EXECUTIVE ENGINEER KARNATAKA ELECTRICITY REGULATORY COMMISSION MILLERS TANK BUND VASANTH NAGAR BENGALURU-560 052 53. VENKATESH P.K. THE EXECUTIVE ENGINEER KARNATAKA ELECTRICITY REGULATORY COMMISSION MILLERS TANK BUND VASANTH NAGAR BENGALURU 560 052 54. BASAVARAJ S.H. THE EXECUTIVE ENGINEER TL AND SS, KPTCL - 50 MUNIRABAD-583 233 55. CHANNAASAPPA M. THE EXECUTIVE ENGINEER TL AND SS, KPTCL, SOMANAHALLI 220KV STATION, KANAKAPURA ROAD BENGALURU- 560 082 56. H.D. MAHESH THE EXECUTIVE ENGINEER MAJOR WORKS DIVISION KPTCL, MANDYA 571 401 57. METI HANUMANTHAPPA THE EXECUTIVE ENGINEER C AND M DIVISION GESCOM HOSAPET-583 201 58. NARAHARI K.R. DGM, VIGILIANCE, BESCOM 1ST FLOOR, CRESCENT TOWERS CRESENT ROAD MADHAVA NAGAR BENGALURU-560 001 59. SALEEM THE EXECUTIVE ENGINEER TL AND SS KPTCL, PEENYA BENGALURU - 560 058 60. KITTUR M.M. THE EXECUTIVE ENGINEER HOTLINE DIVISION, KPTCL VIDYUTH NAGAR HUBBALLI-580 024 61. REVANASIDDAPPA G.M. THE EXECUTIVE ENGINEER MT DIVISION, BESCOM CHITRADURGA-577 501 - 51 62. LOKESH BABU M. THE EXECUTIVE ENGINEER MT DIVISION, BESCOM BMAZ GAVIPURAM BENGALURU-560 019 63. RAMASWAMY R. THE EXECUTIVE ENGINEER MT DIVISION, CORPORATE OFFICE CESC NO.29 VIJAYANAGAR 2ND STAGE HINKAL, MYSURU-570 017 64. AMARNATH N. THE EXECUTIVE ENGINEER KARNATAKA SOLAR POWER DEVELOPMENT CORPORATION LTD. SEEDS CORPORATION PREMISES NEAR HEBBAL FLY OVER BUS STOP BENGALURU-560 024 65. KHADARVALI S. THE EXECUTIVE ENGINEER GAS STATION, EAST DIVISON COMPOUND, RESIDENCY ROAD BENGALURU-560 001 66. SIDDAPPA BINJAGERI THE EXECUTIVE ENGINEER O AND M DIVISION, HESCOM BIJAPUR-586 109 67. KRISHNA MURTHY B. THE DEPUTY GENERAL MANAGER DAS, HSR LAYOUT BESCOM BENGALURU-560 102 68. MOHAMED MUSHTAQ THE EXECUTIVE ENGINEER - 52 TECHNICAL SECTION, KPTCL KAVERI BHAVAN BENGALURU-560 009 69. SHASHI KUMAR H.S. THE EXECUTIVE ENGINEER RT DIVSION, KPTCL MANDYA-571 401 70. SOMASHEKARA M.K. THE EXECUTIVE ENGINEER PURCHASE SECTION CORPORATE OFFICE, CESC, No.29 VIJAYANAGAR 2ND STAGE, HINKAL MYSURU - 570 017 71. DINESH H.R. THE EXECUTIVE ENGINEER REGULATORY AFFAIRS CORPORATE OFFICE, CESC, NO.29 VIJAYANAGAR 2ND STAGE HINKAL MYSURU - 570 017 72. GIRISH KUMAR M. THE EXECUTIVE ENGINEER RT DIVISION KPTCL MANGALURU - 575 001 73. BHARATHI K.S. THE EXECUTIVE ENGINEER 0/2 SUPERINTENDING ENGINEER O AND M CIRCLE, CESC SANTHEPETE HASSAN-573 201 74. THIMMEGOWDA D. THE EXECUTIVE ENGINEER O AND M DIVISION CHANDAPURA, BESCOM BENGALURU-560 009 - 53 75. SOMASHEKAR B. THE EXECUTIVE ENGINEER O AND M DIVISION CESC MADIKERI-571 201 … RESPONDENTS (BY SMT. SHWETHA KRISHNAPPA, AGA FOR R1; SRI. R. SUBRAMANYA AND MS. M.L. SUVARNA, ADVOCATES FOR R2, R3 & R4; SRI. SUBRAMANYA BHAT, ADVOCATE FOR R7, R9, R11TO R14, R22, R24, R28, R29, R33, R36, R44, R46, R52, R54, R61, R64, R67, R73 & R75; SRI.VIJAY KUMAR V.B., ADVOCATE FOR R8, R18, R20, R25, R32, R34, R37 & R45; SMT. K.S. ANASUYADEVI, ADVOCATE FOR R16, R23, R31, R42, R69, R70, R72 & R74; SRI. ASHOK N. PATIL, ADVOCATE FOR R39, R40, R47, R49, R54, R58, R59, R65 & R68; SRI. VAMSHI KRISHNA, ADVOCATE FOR R12, R18, R20, R44, R52 TO R54 & R61 TO R64) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 27.03.2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P. No.12567/2020 AND CONSEQUENTLY DISMISS THE WP No.12567/2020 WITH EXEMPLARY COSTS, IN THE INTERESTS OF JUSTICE AND EQUITY. THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 10.07.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN J., PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 54 CAV JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The Writ Appeals No.414/2023, 423/2023, 427/2023, 437/2023 and 1211/2023 are filed aggrieved by a common order dated 27.03.2023 passed by the learned Single Judge in Writ Petition No.12567/2020 (S-RES) and Writ Appeal No.983/2023 is filed aggrieved by an order dated 09.06.2023 passed by the learned Single Judge in Writ Petition No.16594/2022 (S-PRO). 2. We have heard Shri. S.S.Naganand, learned senior counsel along with Shri. Phanindra, learned senior counsel for Shri. Shirish Krishna, learned advocate appearing for Karnataka Power Transmission Corporation Limited ('KPTCL' for short) and Smt. Shweta Krishnappa, learned Additional Government Advocate appearing for the State and also Shri. Basavaprabhu S. Patil, learned senior counsel as instructed by Ms. M.L. Suvarna along with Shri. Puttegowda and Shri. R. Subramanya learned advocates, Shri. R. Devdas learned senior counsel as instructed by Smt. Anasuya Devi, Shri. Vijaya Kumar, Shri. Vamshi Krishna, - 55 Shri. Subramanya Bhat, Shri. Satish. K and Shri. Ashok. N. Patil, learned counsels appearing for the contesting parties. 3. The Writ Petitions were filed challenging an endorsement dated 05.03.2020 issued by the Director (Admin and HR), KPTCL rejecting the request of the Writ Petitioners for revision of their seniority. Further prayer was made seeking directions to the respondents to issue fresh seniority lists in terms of the declaration of law by the Apex Court in K.Narayanan and Others v. State of Karnataka and others reported in 1994 Supp. (1) SCC 44 and in P. Sudhakar Rao and others v. U.Govind Rao and Others reported in (2013) 8 SCC 693. 4. After considering the contentions of the parties, the learned Single Judge held that the fixation of seniority of the petitioners in the post of Assistant Engineers is violative of the principles evolved by the Apex Court in the decisions relied on by the petitioners. Though a specific case was taken up by the appellants who were the contesting respondents that they had been promoted to the post of Assistant Executive Engineers and thereafter till Chief - 56 Engineers on the basis of the settled seniority and that there is gross and unexplained delay on the part of the Writ Petitioners in challenging the seniority. The learned Single Judge rejected the said contentions. It was found that though there was a direction in Gurushripad v. Karnakata Electricity Board in W.P.No.14622 of 1986's case to prepare a fresh gradation in accordance with the principles laid down in K. Narayanan's case (supra). The Corporation did not implement its own Board orders and granted retrospective seniority to the Junior Engineers who had been appointed by transfer. The learned Single Judge, therefore, quashed the endorsement dated 05.03.2020 and issued directions to the respondent Corporation to redo the seniority in accordance with the judgments of the Apex Court in K. Narayanan's case (supra) and in P. Sudhakar Rao's case (supra) with effect from 26.07.1986. 5. The learned senior counsel appearing for the appellants submits that the appellants were persons appointed to the post of Assistant Engineers Electrical long before the Writ Petitioners. Combined Seniority Lists of - 57 Assistant Engineers Electrical had been prepared and published on 01.01.2000, 01.12.2002, 10.01.2004, 01.01.2006, 01.01.2011 and 28.05.2014. It is submitted that there was no objection raised on the ground of non compliance of the principles enunciated by the Apex Court in K. Narayanan's case (supra) and in P. Sudhakar Rao's case (supra), as against any of those Seniority Lists. It is submitted that the promotions had been made to the posts of Assistant Executive Engineer, Executive Engineer, Superintending Engineer, and even the Chief Engineer on the basis of the settled seniority. It is submitted that it is only when a provisional seniority list dated 08.05.2017 had been issued subsequent to B.K.Pavithra-II's (10.05.2019) case that the writ petitioners had filed objections for the first time. 6. The KPTCL after considering the objections had published the revised final seniority list of Assistant Engineers Graduate on 27.10.2017. Thereafter, on 22.07.2019 provisional seniority list of State Wise Cadres of Assistant Engineers was again published inviting objections. - 58 No objections were filed by the petitioners but they contended that the objections filed to the earlier Provisional Seniority List dated 08.05.2017 ought to have been considered pursuant to directions issued by this Court in W.P.No.35999/2019, their objections were considered and the impugned endorsement was passed. 7. Further, the learned senior counsel for the appellants submits that in view of the fact that the seniority lists were in force from the year 2000 onwards and since the Writ Petitioners were very well aware of the settled seniority and the promotions having been granted to the party respondents on the basis of their settled seniority, the present Writ Petitions were hopelessly belated and should have been dismissed as such. 8. It is further contended that the Recruitment and Promotion of Employees Service Regulations had been amended on 26.07.1986. However, on the basis of the orders passed by the Apex Court in K. Narayanan's case (supra) and by the High Court in Gurushripad's case (supra), the recruitment rules were again amended on - 59 16.08.1996 and 27.12.1996 and seniority of employees who were appointed as Junior Engineers and Assistant Engineers Electrical were duly modified on the basis of the amendments. However, with regard to the earlier appointees, no revision of seniority was carried out since they had already been appointed and granted seniority as per the earlier rules. It is contended that this fact being perfectly well known to the petitioners, they chose not to challenge the said settled seniority till 2019. It is therefore contended that the contesting party respondents whose seniority stood settled in the cadre of Assistant Engineer, Assistant Executive Engineer, Executive Engineer, Superintending Engineer etc, for long years would have the right to sit back and consider that their seniority is settled and a challenge after the inordinately long delay was completely unwarranted. 9. The learned senior counsel for the appellants have placed reliance on the following decisions and raised the legal contentions for consideration:- - 60 In the case of V. Vincent Velankanni v. The Union Of India and Others D.D. 30.09.2024 passed in Civil Appeal No.8617/2013, in support of the proposition that Office Memoranda/Government Orders have no retrospective effect unless specifically provided for. Further, the decision in Pathapati Subba Reddy (Died) By LRs and Others v. Special Deputy Collector (LA) reported in 2024 SCC OnLine SC 513 is relied on to contend that a Writ Petition filed after 5 to 6 years after the cause of action arose could be deleted and delay cannot be condoned beyond a reasonable time. 10. The KPTCL as well as the State Government also support their contentions and rely on the following decisions:- • Shiba Shankar Mohapatra and Others v. State of Orissa and Others reported in (2010) 12 SCC 471; • K.R.Mudagal and Others v. R.P Singh and Others reported in (1986) 4 SCC 531; • B.S.Bajwa and Another v. State of Punjab and Others reported in (1998) 2 Supreme Court Cases 523; - 61 • Ramaswamy G.T. and Others v. State of Karnataka and Others reported in 1985 SCC OnLine Kar 407; • Chairman/Managing Director, Uttar Pradesh Power Corporation Limited and Others v. Ram Gopal reported in (2021)13 SCC 225; • Eastern Coalfields Limited v. Dugal Kumar reported in (2008) 14 Supreme Court Cases 295; • Karnataka Power Corpn. Ltd. through its Chairman and Managing Director and Another. v. K.Thangappan and Another reported in (2006) 4 SCC 322; • Sri. Hanumantha Rao v. The State of Karnataka and Others dated 10.06.2021 passed in W.P.No.45018/2017(S-RES); • Jaswant Singh Lamba v. Haryana Agricultural University and Others reported in (2008) 5 SCC 656; • Ajay Kumar Shukla and Others v. Arvind Rai and Others reported in 2021 SCC OnLine SC 1195; • S.D. Satyanarayana Murthy v. Karnataka Power Corporation Ltd. and others reported in 1993 SCC OnLine Kar 292; - 62 • P.S Sadasivaswamy v. State of Tamil Nadu reported in (1975) 1 SCC 152; and • Sri. M.S. Sreeranga v. State of Karnataka dated 15.11.2022 in W.P.No.43911/2019 (S- RES) c/w. W.P. No. 21548 (S-RES) 11. The learned counsel appearing for the respondents on the other hand contend that the Seniority Lists dated 01.01.2000, 01.12.2002, 10.01.2004 and 01.01.2006 were never published as required by law and that the petitioners were unaware of the said seniority lists. It is further contended that even if such seniority lists had been published, in the light of the declaration of law by the Apex Court, the appellants could not contend that the seniority lists published admittedly against the settled principles of law were liable to be sustained. The learned counsel also placed the reliance on the following citations:- • K.Narayanan & Others v. State of Karnataka & Others reported in 1994 Supp (1) Supreme Court Cases 44; • M.V Gurushripad & Others v. KEB & others passed in W.P No. 14622 of 1986; - 63 • P.Sudhakar Rao & Others v. U.Govinda Rao & others reported in (2013) 8 SCC 693; • Ajay Kumar Shukla & Others v. Arvind Rai & Others reported in 2021 SCC OnLine SC 1195; • Advanta India Limited v. B.N Shivanna & Another reported in (2018) 14 SCC 666; • Nagappa v. State of Karnataka reported in ILR 1986 KAR 3093; • Sushil Pandey & Another v. State of UP Thr. Principal Secretary (Home) and Others reported in 2023 SCC OnLine SC 30; • Shyam Sunder Oberoi & Others v. District and Sessions Judge ,Tis Hazari Courts, Delhi & Others reported in 2022 (3) SCC 197; • Mrignak Johri & Others v. Union of India & Others reported in 2017 (8) SCC 256; • Union of India v Manpreet Singh Poonam & Others reported in 2022 (6) SCC 105; • Gottumukkala Venkata Krishmaraju v. Union of India & Ors. reported in 2019 (17) SCC 590; and • Hithendra Singh S/O Bhupendra Singh and Others v Panjabrao Deshmukh Krishi Vidyapeeth By Registrar and Others reported in (2014) 8 Supreme Court Cases 369. - 64 12. We have considered the contentions advanced. The admitted facts are that the recruitment rules for appointment to the post of Assistant Engineers Electrical Graduate provided for reckoning of seniority of persons appointed to the Electricity Board and who are appointed by transfer to the post of Assistant Engineer with retrospective effect from the date on which they obtained the qualification of graduation. The said rules were subjected to a challenge which resulted in the decision of the Apex Court in K. Narayanan's case (supra). 13. We notice that in K. Narayanan's case (supra), the provision enabling the promotees to count part of feeder service for fixing seniority and determining eligibility for further promotion was held to be valid. Therefore Note (3) to Rule 2 of Karnataka Public Works Engineering Department Service (Recruitment) (Amendment) Rules, 1985 was upheld. The order of the Tribunal dated 21.10.1988 was set aside and the second paragraph of the 1985 Amendment Rules making the Rules retrospectively operative from 01.01.1976 was struck down as ultra vires. It was further - 65 held that Note (2) shall be read as providing eligibility only. The respondents were directed to prepare fresh gradation list in the light of the observations. This judgment was also followed by a Division Bench of this Court in Gurushripad's case (supra), by its judgment in W.P.No.14622/1986. 14. In the case of P. Sudhakar Rao (supra), decided on 03.07.2013, the Apex Court held that to pass scrutiny of Article 14 of the Constitution of India, seniority should be reckoned only from the date on which the promotees satisfy all the real and objective procedural requirements of the service rules and that grant of retrospective seniority was unwarranted. It is to be noticed that the Apex Court was considering the determination of seniority under the Andhra Pradesh Engineering Service which was governed by the Andhra Pradesh Engineering Service Special Rules. 15. It is submitted that further orders were issued by the Karnataka Electricity Board on 16.08.1996 and 27.12.1996, which are produced as Annexures C and D in the Writ Petition. Pursuant to the directions issued by this Court, the representations preferred by the writ petitioners - 66 were considered and an endorsement was issued on 05.03.2020 which was under challenge in Writ Petition No.12567/2020. It was specifically referred in the endorsement that the facility of seniority or weightage which was extended as per the prevailing orders of 1986, 1996 and the Official Memoranda issued from time to time in the individual cases were reflected in the seniority list issued during 2000, 2002, 2004, 2006, 2011 and 2014. The writ petitioners were aware of their position but none of the petitioners or other engineers objected to the seniority of the engineers appointed by transfer during this period. It was specifically stated that it was on the basis of the Board orders issued in 1996 that the seniority had been settled. It was further stated that as per the common seniority list published from time to time, large number of promotions were made from the cadre of AE to AEE, AEE to EE, EE to SEE and SEE to CEE, over several years in respect of both direct recruitees AE's and AE's appointed by transfer. Therefore, on the ground that the unsettling of settled seniority would lead to an unwarranted alteration of - 67 seniority and promotion in respect of a large number of serving and retired officers, the representation was rejected. 16. It is the specific case of the KPTCL, the Government and the appellants that Seniority Lists of Graduate Engineers had been issued in 2000, 2002, 2004 and 2006. The contention that the said seniority lists were not brought to the notice of the Writ Petitioners cannot be accepted since the KPTCL in their pleadings specifically averred that the seniority lists had been published in the websites and had been given wide publicity as required by the Rules. Even if it is accepted that the specific details of the seniority of the employees was not made available in the seniority lists in question, it is to be noted that the Writ Petitioners were overlooked in the matter of promotions by the contesting respondents who are the appellants herein for further promotions to the posts of Assistant Executive Engineer, Executive Engineer, Superintending Engineer so on and so forth. To state that the petitioners were unaware of the fact that Assistant Engineers appointed by transfer were granted seniority and promotions over them cannot be - 68 accepted. The Apex Court has specifically stated that in the absence of any challenge to settled seniority and promotions within a reasonable time, the promotee or the person included in the seniority list at a higher ranking as the case may be is entitled to sit back and consider that his seniority or promotion stand settled and will not be called into question after inordinately long delays. 17. Though this aspect of the matter was specifically raised before the learned Single Judge, the learned Single Judge went on to hold that the directions of the Apex Court in K. Narayanan's case (supra) and by the High Court in Gurushripad's case (supra), have been violated by the KPTCL. 18. Having considered the contentions advanced and the materials on record in these cases, we find that there is considerable force in the arguments raised by the learned senior counsel appearing for the appellants. The appellants were persons who had been appointed as Assistant Engineers by transfer under the 1986 Rules. Though it is true that the Apex Court in K. Narayanan's case (supra), - 69 and in Gurushripad's case (supra), had held that the retrospective operation given to the 1986 amendment was bad in law, and that fresh gradation lists have to be prepared, it appears that by that time the appellants had already been promoted to the post of Assistant Engineers. The revision of seniority in the post of Assistant Engineers and thereafter did not occur in terms of the directions of the Apex Court. The Writ Petitioners did not approach any judicial forum or seek the revision of the seniority in the higher posts in accordance with the principle laid down by the Apex Court as well. They had therefore permitted the incorrect seniority in the promoted posts to become settled. After a long delay of more than 17 years, they raised contentions with regard to seniority in all the posts from Assistant Engineers onwards. Some of the Writ Petitioners had not even submitted objections to the seniority list published in 2017 and 2019. It was without considering any of these contentions that the learned Single Judge had directed the reworking of the seniority in the cadre of Assistant Engineers on the basis of the decisions of the Apex - 70 Court. The consequence of the direction would be the unsettling of seniority that had remained settled for more than 20 years. 19. The Apex Court in Shiba Shankar Mohapatra's case (supra), has considered the earlier decisions on the point especially in K.R. Mudgal's case (supra), where it was laid down that a seniority list remaining in existence for 3 to 4 years unchallenged should not be disturbed. Further in paragraphs No.30 and 33 held as follows:- "30. Thus, in view of the above, the settled legal proposition that emerges is that once the seniority had been fixed and it remains in existence for a reasonable period, any challenge to the same should not be entertained. In K.R. Mudgal, this Court has laid down, in crystal clear words that a seniority list which remains in existence for 3 to 4 years unchallenged, should not be disturbed. Thus, 3-4 years is a reasonable period for challenging the seniority and in case someone agitates the issue of seniority beyond this period, he has to explain the delay and laches in approaching the adjudicatory forum, by furnishing satisfactory explanation. 33. The appellants have specifically pleaded that a seniority list was issued in 1979. Subsequently, another seniority list was issued in 1992. A tentative seniority list was circulated in 1996, and after - 71 considering the objections by the State authorities, a final seniority list was issued in June 1997. Again the seniority list was circulated in 1999. Though there had been dispute regarding issuance of the said seniority lists, however, the High Court in its judgment has taken note of the seniority list of 1979. Circulation of gradation list in June 1997 cannot be disputed/doubted for the simple reason that in Parsuram Sahu case only this gradation list was under challenge. The applicants in OA No.203 of 2001 claimed to have been appointed in 1993. Their names should have definitely been included in the final gradation list circulated in June 1997. However, there is no explanation by them as to how it could not be challenged before the Tribunal and under what circumstances the gradation list issued in 1999 was challenged in 2001. At the cost of repetition, it is stated that, if the seniority list is to be challenged within 3-4 years of its issuance, we fail to understand as to why even OA No.203 of 2001 could not be dismissed on the ground of delay and laches, without entering into the merits of the case." 20. In K. Thangappan's case (supra), it was held that delay or laches is a significant factor when exercising discretionary writ power. If the claimant has neglected to assert rights in time, especially where that delay causes prejudice to the opposite party, Courts may justifiably decline to intervene, even if a fundamental right is involved. - 72 The Court held that granting relief after such a long lapse would be unjust and detrimental to public interest and administrative stability. 21. In Chairman and Managing Director Power Corporation Limited' s case (supra), the Apex Court held in paragraph No.11 as follows:- "11. Whilst it is true that limitation does not strictly apply to proceedings under Articles 32 or 226 of the Constitution, nevertheless, such rights cannot be enforced after an unreasonable lapse of time. Consideration of unexplained delays and inordinate laches would always be relevant in writ actions, and the writ courts naturally ought to be reluctant in exercising their discretionary jurisdiction to protect those who have slept over wrongs and allowed illegalities to fester. Fence-sitters cannot be allowed to barge into courts and cry for their rights at their convenience, and vigilant citizens ought not to be treated alike with mere opportunists. On multiple occasions, it has been restated that there are implicit limitations of time within which writ remedies can be enforced. In S.S. Balu v. State of Kerala, this Court observed thus: “17. It is also well-settled principle of law that “delay defeats equity”. … It is now a trite law that where the writ petitioner approaches the High Court after a long delay, reliefs prayed for may be denied to them on the ground of delay and laches irrespective of the fact that they are similarly situated to the other candidates who obtain the benefit of the judgment.” - 73 22. We notice that it is a settled proposition in Service Law that seniority which stands settled cannot be disturbed after an inordinate delay even if the grounds for challenge of the seniority are justified. In the decisions relied on by the learned counsel for the appellants, the question of long and inordinate delay in raising a challenge to settled seniority lists did not arise or those were cases where the delay was a year or two, at the most. However, in the instant case, it is the specific case of the appellants that they had been granted the benefit of seniority and had also been granted promotions on the basis of the settled seniority. It is after more than two decades that the challenge was raised against not only the seniority but the subsequent successive promotions granted to the appellants. 23. In the light of the decisions of the Apex Court on the point of sit back, delay and laches, we are of the opinion that such an exercise is impermissible in writ jurisdiction especially in view of the fact that seniority lists had been prepared and published and successive promotions granted - 74 which were never called into question by the Writ Petitioners. 24. In the light of the above discussions, we are of the opinion that the appellants are entitled to succeed in these Writ Appeals. In the result:- (i) The Writ Appeals are allowed. (ii) The common order dated 27.03.2023 in Writ Petition No.12567/2020 and order dated 09.06.2023 in Writ Petition No.16594/2022 passed by the learned Single Judge are hereby set aside. (iii) The Writ Petitions No.12567/2020 and Writ Petition No.16594/2022, shall stand dismissed. Pending interlocutory applications, if any, shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR. K.MANMADHA RAO) JUDGE cp*