- 1 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105493 OF 2022 (S-RES) BETWEEN: 1. SOMAPPA S/O. MUTTAPPA HOSAGOUDAR, AGE: 41 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: SIDRAMANAGAR HUBLI, GOPANAKOPPA, DHARWAD- 580023. 2. RAMESH S/O K KUSUGAL AGE: 42 YEARS, OCC: REVENUE ASSISTANT(ASSISTANT) R/O: BALLARWAD, BENNUR, DHARWAD- 581209. 3. AKKAMAHADEVI D/O. BASAVANNEPPA BYAHATTI, AGE: 41 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: SHIRAGUPPI, HUBLI, DHARWAD- 583121. 4. GEETA D/O. VEERAPPA ANNIGERI, AGE: 41 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: YARAGUPPI, TQ KUNDAGOL, DT: DHARWAD- 5831113. 5. AMBIKA D/O MARILINGAPPA HADAPAD AGE: 39 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: GOPANAKOPPA, DHARWAD- 580023. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 6. MAHESHWARI D/O. ISHWARAPPA HARTI, AGE: 43 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: GALAGI P.O. HULKOPPA, DHARWAD- 580001. 7. SHOBHA D/O HANAMANTHAPPA BINDALGI AGE: 39 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: SAI ONI, SAUNSHI, DHARWAD- 581117. 8. SURESH S/O HANAMANTHAPPA HAROBIDI AGE: 43YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: MUMMAGATTI, DHARWAD- 580011. 9. PARASHURAM S/O HANMANT TAMBOOKAR, AGE: 41 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: B.K.HALLI, BAZARKUNCHALLI, DT: UTTARAKANNADA -581301. 10. SHIDDAPPA S/O MUDAKAPPA MAMATAGERI, AGE: 40 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: ASUTI, TQ RON, DT: GADAG- 582203. 11. ASHWINI D/O MOHAN KULKARNI, AGE: 37 YEARS, OCC: REVENUE ASSISTANT(ASSISTANT) R/O: BAPUJI NAGAR, YALAMALI LAYOUT, GADAG- 582101. 12. LAXMAPPA S/O P. HUGGENAVAR, AGE: 40 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: RS NO 393/B. HOUSE NO 40, AMARESHWAR NAGAR, 4TH CROSS, GANGIMADI, GADAG – 582101. - 3 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 13. JAYASHREE D/O NINGAPPA BENTUR, AGE: 38 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: TARIKOPPA, TQ SHIRAHAATTI, DT: GADAG- 582112. 14. SARITHA D/O NAGAPPA DAHINDE, AGE: 39 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: GRAIN MARKET, KUMBAR ONI, GADAG- 582101. 15. ASHOK S/O NEELAPPA INAMATI, AGE: 42 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: GADAG-BETGERI- 582102. 16. NIRMALA D/O SHIVAPPA SHIVUR, AGE: 42 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: ATHARGA TQ INDI. DT:VIJAYPUR- 586112, 17. CHANNABASAPPA S/O BASANNA BIRADAR, AGE: 45 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: INGALGERI, VIJAYPUR -586212. 18. AKKAMMA D/O SHIVANAGOUDA METI, AGE: 39YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: HALLUR, BAGALKOT- 591312. 19. SHANKRAPPA S/O BASAPPA AMBIGER AGE: 42 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: NANDIKESHWAR, BADAMI BAGALKOT- 20. RAVI DALWAI S/O SIDDAPPA DALWAI AGE: 42 YEARS, - 4 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 OCC: REVENUE ASSISTANT (ASSISTANT) R/O: BAGALKOT- 587101. 21. VITTAL S/ NAKUL KAMBLE AGE: 41 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: JANAWAD, BELAGAVI- 591216. 22. MALLAPPA S/O BASAPPA PATIL, AGE: 44 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT R/O: DAVALESHWAR, TQ: BANAHATTI, DT: BAGALKOT- 591310. 23. SIDARAY S/O BHIMASHYA MADAR, AGE: 44 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: GUNKI, DT: VIJAYPUR – 586108. 24. LAXMI D/O SHIVARUDRAPPA DUNDAGAVI, AGE: 39 YEARS, OCC : REVENUE ASSISTANT (ASSISTANT) R/O: JAVALI BAZAR, MAHALINGPUR- 587312. 25. UMESH S/O HOLABASAPPA WALI, AGE: 41YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: YADAHALLI TQ: MUDHOL, DT:BAGALKOT- 587117. 26. SHANTAMMA D/O YAMANAPPA PATROTI, AGE: 39 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: INDIRANAGAR, MUDDEBIHAL, DT: VIJAYPUR- 586212. 27. NAKUL S/O M .OLEKAR AGE: 42 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT R/O: CHANDAPUR, TQ SHIGGAON, - 5 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 DT: SHIGGAON- 581203. 28. MANJUNATH S/O CHANNABASAPPA TIMMENAHALLI, AGE: 51 YEARS, OCC : REVENUE ASSISTANT(ASSISTANT) R/O: BUDAGATTI, MACHAPOR, DT: HAVERI- 581203. 29. JYOTHI D/O HANUMANTHAPPA NAYAK, AGE: 42 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: RANEBENNUR, DT: HAVERI- 581115. 30. LAXMAVVA D/O PUTTAPPA MANTAGANI AGE: 39 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: KENCHAMMA ONI, DEVGIRI TQ & DT: HAVERI- 581110. 31. HANUMANTHAPPA S/O SHIVAPPA RANASUTH, AGE: 43 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: BUDAPPANHALLI YALLAPUR HONNATTI DT: HAVERI- 581115. 32. LAXMAN S/O HANUMAPPA DEVARMANI AGE: 43 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: ITAGI, TQ: RANEBENNUR. DT: HAVERI- 581208. 33. MAHENDRA S/O MAHADEVGOUDA MALLUR AGE: 37 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: 2ND MAIN, 1ST CROSS, UMASHANKAR NAGAR, RANEBENNUR. DT: HAVERI- 581115. 34. ASHOKAVVA D/O NAGANAGOUDA MUDUKANGOUDAR, AGE: 41 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) - 6 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 R/O: KAKOL, TQ SAVANUR DT: HAVERI- 581118. 35. GOUDAPPA S/O YAMANAPPA GOUDAR, AGE: 41 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: KALWAD ONI, HANUMAN HATTI, DESHANUR, SAMPAGAON, BELAGAVI- 590001. 36. SHIVANANDA S/O VIJAY YARAGATTI AGE: 37 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: MURAGOD ROAD, BASAVANAGAR, BAILHONGAL DT: BELAGAVI- 591102. 37. LALITHA D/O ANIL SHINDE, AGE: 37 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: CHIKKODI, DT BELAGAVI- 591201. 38. NAGAVVA D/O MAHANTAYYA BARGANI AGE: 43 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: UGAR KHUND, ATHANI DT BELAGAVI- 591304. 39. RAVI S/O MALLAPPA SURYAVANSHI AGE: 40 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: ADAHALLI, TQ ATHANI, DT BELAGAVI- 591248. 40. ANASUYA D/O DEVEGOUDA GOUDA, AGE: 41 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: HEBBAIL, KELAGINOOR, TQ: HONNAVAR, DT: UTTARAKANNADA- 581342. 41. SHAKILA D/O MAKABUL PATIL, - 7 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 AGE: 39 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: ATHANI DT: BELAGAVI- 591248. 42. SUREKHA D/O GURUSIDDAYYA HIREMATH, AGE: 42 YEARS, OCC: REVENUE ASSISTANT (ASSISTANT) R/O: BASAVANAGAR, BAGALKOT ROAD, VIJAYPUR- 586101. …PETITIONERS (BY SRI VISHWANATH S. BICHAGATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL SECRETARY, ENERGY DEPARTMENT, VIKAS SOUDHA, BENGALURU- 560001. 2. THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, KAVERI BHAVAN, K.G ROAD, BENGALURU- 560009. 3. THE DIRECTOR (ADMINISTRATION AND HRD) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, KAVERI BHAVAN, K.G ROAD, BENGALURU- 560009. 4. MANAGING DIRECTOR, THE HUBBALLI ELECTRICITY SUPPLY COMPANY LIMITED, CORPORATE OFFICE NAVANAGAR, P.B.ROAD, HUBBALLI- 580025. 5. THE GENERAL MANAGER (ADMINISTRATION AND HRD) THE HUBBALLI ELECTRICITY SUPPLY COMPANY LIMITED CORPORATE OFFICE NAVANAGAR, - 8 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 P.B.ROAD, HUBBALLI- 580023. 6. THE SUPERINTENDING ENGINEER (ELE), HUBBALLI ELECTRICITY SUPPLY COMPANY LIMITED, O & M CIRCLE, KESHWAPUR, HUBBALLI- 580023. 7. SUPERINTENDING ENGINEER(ELE), O & M CIRCLE, HESCOM, SECTOR NO 06 NAVANAGAR BAGALKOT- 587103. 8. SUPERINTENDING ENGINEER(ELE), REG NO:85B, NEAR BEO/HAVERI URBAN DEVELOPMENT OFFICE, HANCHINAL LAYOUT, P.B.ROAD, HAVERI- 581110. 9. SUPERINTENDING ENGINEER(ELE), O & M CIRCLE OFFICE, BUILDING#258/2, AYYAPPA NAGAR HUBLI ROAD, SIRSI (UK) -581401 10. SUPERINTENDING ENGINEER(ELE) O & M CIRCLE OFFICE, HESCOM, VIJAYPUR- 586101. 11. SUPERINTENDING ENGINEER(ELE) O & M CIRCLE OFFICE, HESCOM, CHIKKODI- 591201. 12. SUPERINTENDING ENGINEER(ELE) O & M CIRCLE OFFICE, HESCOM, BELAGAVI- 590001. …RESPONDENTS (BY SMT. KIRTHILATA R. PATIL, HCGP FOR R1, SRI. M. B. KANAVI, CSGC FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA IS PRAYING TO WHEREFORE, IN THE FACTS AND CIRCUMSTANCES SUBMITTED ABOVE, THE - 9 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 PETITIONERS MOST RESPECTFULLY PRAY THAT THIS HON’BLE COURT MAY BE PLEASED. I. ISSUE THE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDERS SO FAR AS THE DENIAL OF INCREMENT ARREARS PASSED BY THE RESPONDENT NO.6 TO 12 IN ANNEXURE-A1 TO ANNEXURE- A42. ii) PASS ANY OTHER ORDER OR DIRECTION IN THE FACTS AND CIRCUMSTANCES AS DEEMS IT FIT BY THIS HON’BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER 1. The petitioners are before this Court calling in question the orders impugned, which denies the increment or arrears of increment orders so passed by respondent Nos.6 to 12. 2. Heard the learned counsel Sri. Vishwanath S. Bichagatti appearing for the petitioners and the learned HCGP Smt.Kirthilata R. Patil appearing for respondent No.1 and the learned CGSC Sri.M.B.Kanavi representing the respondent No.2. 3. The petitioners were all appointed in various HESCOM in the year 2007. They were all before this Court in - 10 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 plethora of writ petitions. The conglomeration of those petitions, come to be disposed by an order of the Coordinate Bench on 10th October 2018. The observations that are germane for the issue in the lis in the said order reads as follows: “6. Heard the learned Counsel for the parties. It is submission of the learned Senior Counsel that the petitioners have been appointed as per the compulsory notification issued by the Karnataka Power Transmission Corporation Ltd. calling for applications by constituting a Committee and classifying the posts against various categories. Further, the Government of Karnataka issued Notification dated 15th June 2015 under the provisions of Disabilities Act, 1995. It is permissible for the Government to issue Notification and when such notification is issued and applications are invited only from among the different-abled persons and petitioners are appointed as per the statutory provisions and after the petitioners having undergone all these process of selection by conforming the statutory and constitutional provisions and that too when the petitioners herein have been appointed pursuant to the Notification of the Government of Karnataka and the selections have been made by the respondent-Power Transmission Corporation/respective Electricity Supply Companies, it was for the Government to approve the resolution passed by the Power Transmission Corporation for regularization of the petitioners. When the posts have been filled at the instance of Government of Karnataka by exercising its powers under the provisions of the Disabilities Act, then it should be the duty of the Government to regularize their services by passing a formal order. Be that as it may, for the purpose of relief what is to be looked into as per the observations made by the Hon'ble Supreme Court in UMADEVI’s case is as to whether the selection has been made as per the statutory provisions and in compliance of constitutional provisions and further whether the selection and appointment has been made in accordance with the process known to law. In respect of the same, I have - 11 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 gone through the Notification. The Notification contains the eligibility criteria, qualification and after classifying the posts for various categories including Scheduled Castes, Scheduled Tribes, Backward classes, minorities, women, ex-military persons, project displaced persons, etc. It shows that there is compliance of Article 15(4) and 16(1) of the Constitution of India. Under these circumstances, I hold that the selections have been made strictly in accordance with provisions of law and it is a regular selection and it becomes formal to Government to pass necessary orders for regularization. But government has shifted its burden on the Power Transmission Corporation/respective Electricity Supply Companies by making them responsible to pass appropriate orders for regularization. For the said purpose, I have gone through the order passed by the learned single judge in writ petitions referred to above which was confirmed by the Division Bench, and finally, it has been approved by the Hon'ble Supreme Court. Hence the petitioners are entitled to relief of regularization. 7. The petitioners have also challenged the subsequent four notifications dated 7.3.2015 & 8.9.2016. It is on the apprehension that if the posts are filled up in pursuance thereof, they might be removed from service. As the things stand now, the appointments have been made pursuant to the above notifications and the petitioners have also been continued, which shows that there are enough vacant posts. In any event, the subsequent appointments, would not come in the way of the petitioners getting their services regularized for the reasons stated above. Therefore, question of quashing the above subsequent notifications does not arise. 8. In that view of the matter, I hold that the petitioners, who are appointed as per the Notification and are working as per the appointment orders issued in 2007, and in view of the fact that the Karnataka Power Transmission Corporation Ltd./respective Electricity Supply Companies have resolved to regularize their services and forwarded the same to the Government for passing necessary orders of regularization, the petitioners are entitled for regularization with effect from 29th December 2010 with consequential service and monetary benefits. Ordered accordingly. The - 12 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 respondents shall comply with these directions within three months from the date of issuance of copy of this order. Writ petitions are accordingly allowed.” 4. The Coordinate Bench observes that the petitioners were working for all the years against vacant posts and further directs necessary orders for regularization to be passed in favour of the petitioners with effect from 29th December 2010 with all consequential service and monetary benefits and the compliance was to be done within 3 months this order has become final. The respondents regularised the services of the petitioners. The order of regularization comes about on 7th March 2019 with several conditions. The conditions that have now become the bone of contention is as follows: “………. (ಉ) ಾಯಂೊಂಡ ಕಲ ೇತನ ಕಂಾಯ ಸಾಯಕರುಗಳ ಪೕಾಥ ಅವ !ಾಂಕ: 14.01.2020 ರಂದು ಪ#ಣೊಂಡ ನಂತರ, !ಾಂಕ: 29.12.2010 ಂದ !ಾಂಕ: 14.01.2020 ರವ%ೆೆ &ಾಲ&ಾಲ&ೆ' (ಾ)ಕ (ೇತನ ಬ+,ಗಳನು- .ಡುಗ/ೆೊ01 (ೇತನವನು- 2ಗ ಪ+ಸುವ3ದು ಾಗೂ (ೇತನ 2ಗೕಕರಣದ ಆ5ಕ 6ಾಭದ 8ಾ9 :ತ,ವನು- ;ಾವ<ಸಲು ಕ=ಮವ?ಸುವ3ದು. (ಊ) !ೌಕರರ ಸBಯಂ &ಾರಣಗ0ಂದ !ಾಂಕ: 14.01.2020 ರ ಒಳೆ ಪೕಾಥ ಅವ ತೃE,ಕರ(ಾF ಪ#%ೈ&ೆHಾFೆ ಎಂದು JೂೕಷLೆHಾಗೇ ಇದNOP ಾಗೂ ಇದನು- ಸ,1ದNOP, 2ಗಮದ !ಾಂಕ: 17.04.1993 ರ ಆೇಶ ಸಂೆR: ಕ ಮಂ/.16/1219/76-77 ರ ಪ=&ಾರ, (ೇತನವನು- &ಾಲ &ಾಲ&ೆ' &ಾಲS2ಕ(ಾF 2ಗಪ+1 ಆ5ಕ 6ಾಭದ 8ಾ9 :ತ,ವನು- ಪೕಾಥ ಅವಯನು- ಪ#ಣೊ01ದ !ಾಂಕ ಂದ ಅನBಯ(ಾಗುವಂTೆ ;ಾವ<ಸುವ3ದು.” - 13 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 5. The condition that is stipulated was that the petitioners who would get regularized should pass the departmental examination to declare that period of probation to be satisfactory in the examination conducted on 14.01.2020 or the examination that would be conducted at a later point in time. 6. The learned counsel for the petitioners submits no examination was conducted on 14.01.2020. The examinations were conducted at a later point in time, which the petitioners had once failed and have later passed in examination. The issue now would be fixation of the date of eligibility for the purpose of grant of increments. The increments are now fixed from the date on which the petitioners have passed the examination. It varies either 2020-21 or 2022. This has become the subject matter of the lis. As observed hereinabove, the Coordinate Bench of this Court had rendered unequivocal directions that the regularization of the petitioners shall be with effect from 29th December 2010 with all consequential service and monetary benefits. If this finding has become final, it is understandable as to how the respondent would now impose - 14 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 conditions that were not projected before the Coordinate Bench at the time when the order was passed. As the Coordinate Bench clearly holds that they are entitled for all consequential service and monetary benefits, an increment is a consequential or a monetary benefit that the petitioners would be entitled imposing conditions and postponing the increment. In the case at hand runs counter to what the Coordinate Bench of this Court held as afore-quoted. 7. The learned counsel for the petitioners submits that in plethora of cases beyond 14.01.2020, whether they have participated in the examination or not, increments are granted to those people, which is seriously disputed by the learned CGSC Sri. M.B. Kanavi representing the respondent No.2. 8. Be that as it may, the relief granted by the Coordinate Bench which has become final, cannot be stifled by a condition that was not imposable at the time of implementing the order, and granting the benefit of regularization. In that light, the petition deserves to succeed. - 15 - NC: 2025:KHC-D:3495 WP No. 105493 of 2022 9. For the aforesaid reasons, the following: ORDER i. Petition is allowed. ii. The respondent shall now fix the date of increment from the date on which others identically placed have been given that increment and shall fix the increment in accordance with the direction of the Coordinate Bench within 3 months from the date of receipt of copy of the order. Sd/- ____________________ JUSTICE M.NAGAPRASANNA KGK List No.: 1 Sl No.: 19