- 1 - HC-KAR NC: 2026:KHC:32452-DB WA No. 259 of 2024 C/W WA No. 261 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 259 OF 2024 (S-RES) C/W WRIT APPEAL NO. 261 OF 2024 (S-RES) IN WA No. 259/2024 BETWEEN: 1. THE GENERAL MANAGER A & HR, BESCOM, CORPORATION OFFICE, K.R CIRCLE, BENGALURU - 560 001. 2. EXECUTIVE ENGINEER, BESCOM, SOUTH DIVISION, 27TH CROSS, 27TH MAIN, BANASHANKARI, BENGALURU - 560 017. 3. ASSISTANT EXECUTIVE ENGINEER, BESCOM, 15TH SOUTH SUB DIVISION, JAYANAGAR, BENGALURU - 560 070. …APPELLANTS (BY SRI. SWAMINI GANESHAN MOHANAMBAL, ADVOCATE FOR SRI. SANDEEP S PATIL., ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32452-DB WA No. 259 of 2024 C/W WA No. 261 of 2024 AND: 1. SRI. NAGARAJA K.N., S/O NARASIMME GOWDA, AGED ABOUT 46 YEARS, R/O AT NO.124 THURAHALLI COLONY, SUBRAMANYAPURA POST, UTTARAHALLI HOBLI, BENGLAURU - 560 061. 2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT:2ND FLOOR, KAVERI BHAVAN, BENGALURU - 560 009. (REPRESENTED BY ITS MANAGING DIRECTOR) 3. THE DIRECTOR OF ADMINISTRATION ADN HUMAN RESOURCES KPTCL, CAUVERY BHAVAN, BENGALURU - 560 009. …RESPONDENTS (BY SRI. THILAKRAJ S.V, ADVOCATE FOR R1, SRI. B.S. SHRINIVAS, ADVOCATE FOR SRI. B.L. SANJEEV, ADVOCATE FOR R2 AND R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THIS WRIT APPEAL, SET ASIDE THE JUDGEMENT PASSED IN WP NO.15571/2022 DATED:21.12.2023 AND CONSEQUENTLY DISMISS THE WRIT PETITION FILED BY THE RESPONDENT NO.1, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2026:KHC:32452-DB WA No. 259 of 2024 C/W WA No. 261 of 2024 IN WA NO. 261/2024 BETWEEN: 1. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR CAUVERI BHAVAN, K.S. ROAD BENGALURU - 560 009. 2. THE DIRECTOR OF ADMINISTRATION AND HUMAN RESOURCES, K.P.T.C.L., CAUVERY BHAVAN, BENGALURU - 560 009. ...APPELLANTS (BY SRI. B.S. SHRINIVAS, ADVOCATE FOR SRI. SANJEEV B.L., ADVOCATE) AND: SRI. NAGARAJA K.N., S/O NARASIMME GOWDA, AGED ABOUT 48 YEARS, R/O NO.124, THURAHALLI COLONY, SUBRAMANYAPURA POST, UTTARAHALLI HOBLI, BENGALURU - 560 061. ...RESPONDENT (BY SRI. THILAKRAJ S.V., ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED:21.12.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.15571/2022 (S-RES) AND CONSEQUENTLY DISMISS THE SAID WP IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - HC-KAR NC: 2026:KHC:32452-DB WA No. 259 of 2024 C/W WA No. 261 of 2024 THESE APPEALS ARE COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra-Court appeals have been filed impugning the Order dated 21.12.2023 passed by the Writ Court in W.P.No.15571/2022. 2. The Writ Court vide impugned order, quashed the Communications dated 01.07.2022 and 11.07.2022 (Annexures-N1 & N2 respectively) wherein the claim of the respondent workman for being appointed as a Probationary Mazdoor was refused. 3. The parties are referred to as per their ranking before the Writ Court. 4. The petitioner has been working in the appellant BESCOM since 2001 at the 9th Sub-division. Thereafter, the appellant BESCOM refused to convert the services of the - 5 - HC-KAR NC: 2026:KHC:32452-DB WA No. 259 of 2024 C/W WA No. 261 of 2024 petitioner into a Probationary Mazdoor as per Government Order dated 25.02.2004, because the name of the petitioner was not found in the Seniority list. However, in the communication dated 05.12.2008, the appellant has admitted the fact that the petitioner's name was wrongly omitted in the Seniority list. Once the BESCOM has taken a policy decision to convert all Temporary Gangmen who had been working in their establishment prior to 01.04.2003 and had rendered 6 years of service, it was imperative for the BESCOM to extend the same benefit to the petitioner. 5. It is not in dispute that the petitioner was working since 2001 and had completed many number of years of service and not only 6 years, therefore his services were required to be converted as a Probationary Mazdoor. The Writ Court has therefore quashed the impugned Communications dated 01.07.2022 and 11.07.2022, whereby the petitioner's claim for being appointed as a Probationary Mazdoor was refused. We find no substance in the submissions of the learned counsel appearing for the appellants that the petitioner ought to have completed 6 years of service before 01.04.2003, which - 6 - HC-KAR NC: 2026:KHC:32452-DB WA No. 259 of 2024 C/W WA No. 261 of 2024 is not the mandate of the Government order dated 25.02.2004. The mandate was that, the employee must have been working in the establishment prior to 01.04.2003 and should have completed 6 years of service to be converted as a Probationary Mazdoor. 6. As seen from the record, especially Annexure-L1, the appellant - Authorities themselves have passed an order on 10.11.2016, converting two persons from Temporary Gangmen to a Probationary Mazdoor, who were appointed on 02.01.2003, which was much later than the appointment of the petitioner herein. In the case of the petitioner, he was appointed much prior to them i.e., in the year 2001. Denying the same benefit to the petitioner who was appointed earlier to two Gangmen who were appointed on 02.01.2003 is nothing but arbitrary and illegal exercise of the powers. 7. We find no grounds to interfere with the impugned order passed by the Writ Court. Both the appeals lack merit and substance. We therefore, dismiss the appeals. However, no order as to costs. In view of quashing of the Communications, the petitioner workman is entitled for all the - 7 - HC-KAR NC: 2026:KHC:32452-DB WA No. 259 of 2024 C/W WA No. 261 of 2024 benefits as Probationary Mazdoor from the date of Communications. 8. In view of dismissal of the appeals, pending interlocutory applications, if any, stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 21 ct-vn