- 1 - HC-KAR NC: 2025:KHC:40015 WP No. 22456 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 22456 OF 2021 (S-RES) BETWEEN: SHRI DINESH S/O S N SHANKARAPPA AGED ABOUT 56 YEARS, R/AT LAKSHMINARASIMHA NILAYA DOOR NO.415, NARAYANA NAGARA BANGALORE-62 WORKING AS JUNIOR ENGINEER (E) TECHNICAL DIVISION ANEKAL -562 106 …PETITIONER (BY SRI. NARENDRA GOWDA, ADVOCATE) AND: THE DIRECTOR (ADMINISTRATION AND HUMAN RESOURCE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40015 WP No. 22456 of 2021 KARNATAKA POWER TRANSMISSION COMPANY LIMITED OFFICE OF THE BOARD CAUVERI BHAVAN K G ROAD BENGALURU-560 009 …RESPONDENT (BY SRI. ANIRUDH A KULKARNI, ADVOCATE FOR SRI. AKSHAY S. VASIST, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO GIVE PROMOTION FROM JUNIOR ENGINEER TO ASSISTANT ENGINEER WITH EFFECT FROM 05.05.2018 AND CONSEQUENTIAL SERVICE BENEFITS AND QUASH THE NOTIFICATION, DATED 22.5.2020 PASSED BY THE RESPONDENT PRODUCED AT ANNEXURE-A, IN RESPECT PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2025:KHC:40015 WP No. 22456 of 2021 ORAL ORDER 1. The petitioner has filed this petition seeking for a mandamus directing the respondent to give a promotion from Junior Engineer to Assistant Engineer with effect from 05.05.2018 and consequential service benefits and also sought writ of certiorari quashing the Notification dated 22.05.2020 vide Annexure 'A'. 2. Brief facts leading rise to the filing of this writ petition are as follows: 3. The petitioner was appointed as a Meter Reader with the respondent on 17.04.1985. Thereafter, the petitioner with the change of cadre in service was given the post of Junior Engineer. He was working as a Junior Engineer since from 07.07.2008. On 05.05.2018, a seniority list was published and the name of the petitioner was found at serial No.126. On the same day, a promotion list was also published - 4 - HC-KAR NC: 2025:KHC:40015 WP No. 22456 of 2021 wherein the petitioner's name was not found in the promotion list. Since the petitioner was facing a Departmental Enquiry, his promotion was kept in a sealed cover. The promotion of one R.S.L.Gowda, who was also working as a Junior Engineer, was also withheld on the ground that a departmental enquiry was pending. The Departmental Enquiry as against R.S.L.Gowda was concluded on 18.05.2018 and the punishment of 'censure' was imposed on him. Thereafter, R.S.L.Gowda was promoted from the post of Junior Engineer to Assistant Engineer by order dated 10.07.2018. 4. However, though the departmental inquiry was closed against the petitioner with the imposition of similar punishment of 'censure' and in spite of several representations, the case of the petitioner for promotion with retrospective effect was not considered. Hence, this writ petition. - 5 - HC-KAR NC: 2025:KHC:40015 WP No. 22456 of 2021 5. Heard the arguments of the learned counsel for the petitioner and also learned counsel for the respondent. 6. Learned counsel for the petitioner submits that the petitioner is entitled for promotion with retrospective effect and submitted a representation to the respondent. Despite the representation submitted to the respondent, the respondent has not passed any order on the said representation. Hence, on these grounds, he pleads to issue a direction to the respondent to consider the representation and promote the petitioner with retrospective effect. 7. Per contra, learned counsel for the respondent submits that if a reasonable time is granted, the respondent would consider the representation of the petitioner for promotion with retrospective effect, in accordance with law, and hence, prays to dispose of the writ petition accordingly. - 6 - HC-KAR NC: 2025:KHC:40015 WP No. 22456 of 2021 8. Perused the records and considered the submissions of the learned counsel for the parties. 9. It is not in dispute that the petitioner was appointed as a Meter Reader in the respondent Corporation on 17.04.1985. There was a change of cadre in service and the petitioner was given the post of Junior Engineer. On 05.05.2018, a seniority list was published and the name of the petitioner was found at Serial No.126. On the same day, a promotion list was also published wherein the name of the petitioner was not reflected in the said list. 10. It is also not in dispute that one R.S.L. Gowda was also working as a Junior Engineer and a departmental enquiry was also pending against him. His enquiry was concluded on 18.05.2018 with a imposition of censure and thereafter, he was promoted with retrospective effect. - 7 - HC-KAR NC: 2025:KHC:40015 WP No. 22456 of 2021 11. The departmental enquiry of the petitioner was concluded on 16.07.2019. In spite of closure of departmental enquiry, the respondent did not promote the petitioner with retrospective effect. The petitioner submitted a representation to the respondent to consider the case of the petitioner for promotion with retrospective effect. The respondent has not passed any order on the said application/representation till date. 12. The learned counsel for the respondent submits that if reasonable time is granted, the respondent would consider the representation of the petitioner insofar as the promotion of the petitioner with retrospective effect, in accordance with law. 13. In view of the submission made by the learned counsel for the respondent, I proceed to pass the following order: - 8 - HC-KAR NC: 2025:KHC:40015 WP No. 22456 of 2021 ORDER (i) The writ petition is allowed. (ii) The respondent is directed to consider the representation of the petitioner and pass appropriate order, in accordance with law, within eight weeks from the date of receipt of a copy of this order. Sd/- (ASHOK S.KINAGI) JUDGE RK List No.: 1 Sl No.: 34