- 1 - NC: 2025:KHC-D:297 WP No. 107087 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107087 OF 2024 (S-TR) BETWEEN: SHRI K. YALLAPPA S/O YAMANAPPA AGE. 52 YEARS, OCC. JUNIOR ENGINEER, 66/11 KV SUB-STATION, KPTCL, TEKKALAKOTE 583122, TQ. SHIRAGUPPA, DIST. BALLARI. R/O. D-01, KPTCL QUARTERS, MOKA ROAD, NEAR GANESH TEMPLE, BALLARI 583101 TQ./DIST. BALLARI. …PETITIONER (BY SRI. MRUTYUNJAYA S.HALLIKERI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, KARNATAKA POWER TRANSMISSION CORPORATION LTD., (KPTCL) KAVERI BHAVAN, K.G. ROAD, BENGALURU 560009. 2. THE DIRECTOR, KARNATAKA POWER TRANSMISSION CORPORATION LTD., (KPTDL) (ADMN AND HR), KAVERI BHAVAN, K.G.RORAD, BENGALURU 560009. 3. THE MANAGING DIRECTOR, GULBURGA ELECTRICITY SUPPLY CO. LTD., (GESCOM), KALBURGI 585101, TQ/DIST. KALBURGI. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Date: 2025.01.18 11:02:13 +0530 - 2 - NC: 2025:KHC-D:297 WP No. 107087 of 2024 4. THE GENERAL MANAGER, GESCOM, (ADMN AND HR) KALBURGI 585101, TQ/DIST. KALBURGI. 5. THE CHIEF ENGINEER (ELCL)., O AND M ZONE, GESCOM, BALLARI 583103, TQ/DIST. BALLARI. 6. THE SUPERINTENDENT ENGINEER (ELCL.), O AND M CIRCLE, GESCOM, BALLARI 583103, TQ/DIST. BALLARI. 7. THE EXECUTIVE ENGINEER (ELCL.), O AND M RURAL DIVISION, GESCOM, BALLARI 583103, TQ/DIST. BALLARI. 8. THE STORE OFFICER, RURAL DIVISION STORE, GESCOM, BALLARI 583103, TQ/DIST. BALLARI. 9. SHRIDHAR P.G. AGE. MAJOR, OCC. JUNIOR ENGINEER, R/O. REGIONAL STORE, RURAL DIVISION, TQ. AND DIST. BALLARI 583103. …RESPONDENTS (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR R1 & R2; SRI. B.S. KAMATE, ADVOCATE FOR R3-R8; SRI. A.S. PATIL, ADVOCATE FOR R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, WRIT, ORDER OR DIRECTION, WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 16.10.2024 BEARING NUMBER AA(V)/ULENI/LE/A/SALEA/HISA(SAA)/2024-25/4891-92 PASSED BY RESPONDENT NO.6, VIDE ANNEXURE-F IN THE INTEREST OF JUSTICE AND EQUITY & ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:297 WP No. 107087 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court calling in question an order dated 16.10.2024 passed by the 6th respondent retaining the petitioner in the same post contrary what was recommended i.e., for transfer of the private respondent herein. 2. Heard Sri Mrutyunjay S. Hallikeri, learned counsel for petitioner and Sri B.S. Kamate, learned counsel for respondents No.3 to 8 and Sri A.S. Patil, learned counsel for respondent No.9. 3. Facts in brief are as follows: It would suffice if the issue would commence from 31.07.2024, the date on which, the second respondent is said to have proposed the transfer of the petitioner to the post of Store Officer in Operation and Maintenance Wing of GESCOM, Ballari. - 4 - NC: 2025:KHC-D:297 WP No. 107087 of 2024 4. One K. Manjunath approaches this Court in W.P.No.104811/2024. The Coordinate Bench of this Court disposes the petition on 27.08.2024 by observing that the list that is drawn for transfer is only a recommendation and it would be premature for the petitioner to knock at the doors of this Court and to dispose the petition. The observations of the coordinate bench is as follows: “10. In view of submission of respondents that Official Memorandum dated 31.07.2024 is not order of transfer, but only an approval of list of employees seeking transfer, writ petition in present form would be premature and need not be retained. Same could be disposed off with direction to respondents no.2 and 6 to take note of objections of petitioner as well as respondent no.9 at time of passing order of transfer keeping in mind provisions of Transfer Guidelines of Corporation. 11. With above observations, writ petition stands disposed off.” 5. After the disposal of the petition comes the impugned order. The impugned order is said to have - 5 - NC: 2025:KHC-D:297 WP No. 107087 of 2024 come as a bolt from the blue to the petitioner for the reason that the petitioner who was sought to be transferred to the post of Store Officer, in Operation and Maintenance Wing, GESCOM, Ballari, is now retained at the same post, despite the recommendation made for his transfer. This in the considered view of this Court would not clothe the petitioner with any indefeasible right. 6. Learned counsel Sri B.S. Kamate representing second respondent contends that the petitioner in the present place has completed only 1 and ½ years of service and he being a Group ‘C’ officer who has complete his tenure of 4 years in the said post. 7. The submission would merit acceptance as none of the statutory rights of the petitioner is violated and not implementing the recommendation which had directed posting of the petitioner as Store Officer, Operation and Management Wing, GESCOM, it was only a recommendation, no mandamus would lie to implement a - 6 - NC: 2025:KHC-D:297 WP No. 107087 of 2024 recommendation. The petition deserves to be rejected and is accordingly rejected. Ordered accordingly. 8. The disposal of the petition with the aforesaid observations will not come in the way of the respondent posting the petitioner to any post. Observation made is only for the purpose of consideration of this petition. Sd/- (M.NAGAPRASANNA) JUDGE NAA LIST NO.: 1 SL NO.: 34