K SRINIVASARAJU v. THE MANAGING DIRECTOR K S R T C
WP/9839/2021 · 2025-12-03
Jyoti M
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74792 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74792 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50394 WP No. 9839 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 9839 OF 2021 (S-KSRTC) BETWEEN:
K. SRINIVASARAJU S/O LATE KRISHNARAJU, AGED ABOUT 63 YEARS, R/AT NO.15, 4TH WARD, THIMMAKKA LAYOUT, BHAGATAH SINGH NAGAR, CHIKKABALLAPURA TOWN-562101 …PETITIONER (BY SRI. M.C.BASAVARAJU, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR K.S.R.T.C, CENTRAL OFFICES, K.H.ROAD, SHANTHI NAGAR, BENGALURU-560027. 2. THE DIVISIONAL CONTROLLER KSRTC, CHIKKABALLAPURA DIVISION, CHIKKABALLAPURA-562101. …RESPONDENTS (BY SMT. H.R.RENUKA, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:50394 WP No. 9839 of 2021
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.M.C.Basavaraju, counsel for the petitioner and Smt.Renuka H.R., counsel for the respondents, appeared in person. 2. The captioned writ petition is filed seeking a writ of certiorari to quash the endorsement dated 02.06.2020 issued by the respondent No.2 vide Annexure-E and also a mandamus directing the respondent No.2 to extend the pay scale of the senior driver as well as the status of the senior driver and to pay all consequential benefits to the petitioner. 3. Counsel for the petitioner urged several contentions. Heard the contentions urged on behalf of the petitioner and perused the writ papers with care. 4. Suffice it to note that the petitioner was a permanent employee of the Corporation and was working as a driver. He completed 25 years of service on 10.12.2008. His grievance is that the respondent No.2 has not extended the
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HC-KAR NC: 2025:KHC:50394 WP No. 9839 of 2021
benefit of the senior driver pay scale as well as the status. Hence, he was constrained to make a representation. It is noted that the representation has been considered by the respondent No.2, and an endorsement has been issued on 02.05/06.2020. The endorsement is furnished along with the writ petition, and the same is marked as Annexure-E. A perusal of the same reflects that the request of the petitioner has been rejected on the ground that the petitioner did not possess the prescribed attendance during his service, and the service punishments were running.
5. In the present writ petition, the petitioner is seeking to extend the benefit of the senior driver pay scale and also to accord the status of a senior driver. The said request cannot be considered in the writ jurisdiction. The reason is simple. The extension of the benefit of the senior driver pay scale, and the accord of status of a senior driver requires elaborate examination of evidence, the same cannot be done under writ jurisdiction. 6. As is well known that the High Court does not generally enter upon a determination of questions that demand
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HC-KAR NC: 2025:KHC:50394 WP No. 9839 of 2021
an elaborate examination of evidence to establish the right to enforce which the writ is claimed. The matters of large canvas cannot be determined under Article 226 of the Constitution of India. The disputed facts have to be investigated to give relief to the petitioner. The law is well settled that the disputed question of facts cannot be investigated under Article 226 of the Constitution of India. Hence, this Court refuses to exercise power under Article 226 of the Constitution of India. Resultantly, the writ petition is dismissed. SD/- (JYOTI M) JUDGE
SS List No.: 1 Sl No.: 19