- 1 - HC-KAR CNR: KAHC010059012024 NC: 2026:KHC:36148 WP No. 4457 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 4457 OF 2024 (S-RES) BETWEEN: 1. SMT SUNEETHA G K AGED ABOUT 46 YEARS D/O KRISHNAPPA G W/O DR NAGENDRA KUMAR, NO 301, SLV NARAYANA NILAYA, 5TH BLOCK, 1ST CROSS, SEETHAMMA LAYOUT, DODDABOMMASANDR BENGALURU 560097 2. SRI SHANU P AGED 43 YEARS, S/O PALANETRA NO 715, 5TH MAIN ROAD, BEML LAYOUT, 5TH STAGE, RR NAGAR, BENGALURU 560098 3. SRIDHAR Y M AGED 46 YEARS, S/O Y G MUNIYAPPA, YADAGONDAHALLI, M M SANDRA POST, VIA KADUGUDI, BENGALURU 560067 4. D K MADHUSUDHAN AGED 40 YEARS, NO 2237, 2ND FLOOR, SAMMERNA, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010059012024 NC: 2026:KHC:36148 WP No. 4457 of 2024 4TH MAIN ROAD, RPC LAYOUT, NEAR VIJAYANAGAR CLUB, VIJAYANAGAR, BENGALURU 560040 5. RAJESH PATIL AGED 40 YEARS, S/O RAMAGOUDA G PATIL PLOT NO 725, ANAND NEAR 1ST CROSS BUS STOP, RAMTHIRTH NAGAR, BELAGAVI 590010 6. RAJENDRA SUBHASHRAO KORE AGED 46 YEARS, S/O SUBHASHRAO NO 711, 1ST MAIN EAST, 5TH CROSS, SHIVALAYA TEMPLE, 80 FEET ROAD, KUMARASWAMY LAYOUT, BAUXITE ROAD, BANGALORE 560078 7. BASAWARAJ AGED 43 YEARS, S/O MUDIRANGAPPA HIG-149/6, EAST WING AKKAMAHADEVI COLONY, KALBURGI 585103 8. SMT SAVITA YALLAPUR AGED ABOUT 39 YEARS, D/O YANKAPPA YALLAPUR, G-201, SHOBHA WINDFALL JAKKUR LAYOUT, AMRUTHALLI, BANGALORE 560092 9. NAGESH M D AGED 40 YEARS, - 3 - HC-KAR CNR: KAHC010059012024 NC: 2026:KHC:36148 WP No. 4457 of 2024 S/O DEVARAJ, NO 135, NABHA NILAYA, 3RD MAIN ROAD, BAGADERA KOPPALU, SALAGAME ROAD, HASSAN 573201 10. YOGESH C AGED 43 YEARS, S/O LATE K S CHANNANKE GOWDA K P DODDI VILLAGE AND POST, KYLANCHA HOBLI, RAMANAGARA 562159 11. CHETHANA H A AGED 39 YEARS, S/O LATE H APPAJI GOWDA VINAYAKA NAGARA, FORT NEAR RELIANCE TRENDS BUILDING, ARAKALAGUDU 573102 12. KHAJA MOINUDDIN AGED 39 YEARS, S/O LATE KHAJA PEER PEER-E-HAYATH AAHIL MANZIL PLOT NO 184, NEAR BELEGAL CROSS, EX SERVICE MEN COLONY, 2ND STAGE, 1ST CROSS, COWL BAZAAR, BALLARI 583102 13. SMT RENUKA KATNALLI AGED 40 YEARS, D/O GURAPPA KATNALLI NO 304, 3RD FLOOR, SIRI EMPIRE RAMAJANEYA NAGAR MAIN ROAD, CHIKKALSANDRA, BENGALURU 560061 …PETITIONERS - 4 - HC-KAR CNR: KAHC010059012024 NC: 2026:KHC:36148 WP No. 4457 of 2024 (BY SRI. MOHAN P S., & SMT. NIRMALA JAYARAM, ADVOCATES) AND: 1. THE KARNATAKA POWER TRANSMISSION CORPORATION LTD CORPORATE OFFICE KAVERI BHAVAN K G ROAD BENGALURU 560009 REP. BY ITS MANAGING DIRECTOR 2. ADMISTRATON AND HUMAN RESOURCES KARNATAKA POWER TRANSMISSION CORPORATION LTD CORPORATE OFFICE KAVERI BHAVAN K G ROAD BENGALURU 560009 REP. BY ITS DIRECTOR (ADMINISTRATIVE & HR) …RESPONDENTS (BY SRI. SHIRISH KRISHNA., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE PETITIONERS REPRESENTATION DTD 30.09.2015 AT ANNEXURE-B3, DIRECT THE RESPONDENTS TO CONSIDER THE PETITIONERS REPRESENTATION DTD 07.06.2017 ANNEXURE-B4, DIRECT THE RESPONDENTS TO CONSIDER THE PETITIONERS REPRESENTATION DTD 20.08.2019 ANNEXURE-B5, QUASH THE ENDORSEMENT DTD 21.03.2017 BEARING NO. KPTCL/B63/42816/2016-17 AT ANNEXURE-B ISSUED BU THE RESPONDENT No.1, QUASH THE ENDORSEMENT DTD 21.03.2017 BEARING NO. KPTCL/B63/42816/2016-17 AT ANNEXURE-B1 ISSUED BY THE RESPONDENT No.1, QUASH THE ENDORSEMENT DTD 27.08.2021 BEARING NO. KPTCL/B100/3750/2019-20/256 AT ANNEXURE-B2 ISSUED BY THE RESPONDENT No.1, DIRECT THE RESPONDENTS TO ISSUE - 5 - HC-KAR CNR: KAHC010059012024 NC: 2026:KHC:36148 WP No. 4457 of 2024 SENIORITY LIST IN ACCORDANCE WITH OFFICIAL MEMORANDUM DTD 05.07.1976 AT ANNEXURE-C1 AND IN ACCORDANCE WITH DTD 15.01.1998 AT ANNEXURE-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this writ petition seeking the following reliefs: “a. Issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 30-9- 2015 at Annexure B-3 b. Issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 7-6- 2017. Annexure B-4 c. Issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 20-8- 2019 Annexure B-5 d. Issue a writ of certiorari and quash the endorsement dated: 21.03.2017 bearing No. ಕಪ/B63/42816/2016-17 at Annexure-B issued by the Respondent No.1 e. Issue a writ of certiorari and quash the endorsement dated: 21.03.2017 bearing No. - 6 - HC-KAR CNR: KAHC010059012024 NC: 2026:KHC:36148 WP No. 4457 of 2024 ಕಪ/B63/42816/2016-17 at Annexure-B1 issued by the Respondent No.1 f. Issue a writ of certiorari and quash the endorsement dated: 27.08.2021 bearing No. ಕಪ/B100/3750/2019-20/256 at Annexure-B-2 issued by the Respondent No.1 g. Issue a writ of mandamus and direct the respondents to issue seniority list in accordance with official memorandum dated: 05.07.1976 at Annexure-C1 and in accordance with dated: 15.01.1998 at Annexure-F h. Grant such other reliefs that this Hon'ble court deems fit in the facts and circumstances of the above case.” 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The petitioners were recruited to the post of Assistant Executive Engineer (Civil) in the respondents- Corporation vide notification dated 21.02.2007. The petitioners, aggrieved by two endorsements dated 21.03.2017 issued by respondent No.2, wherein the respondents have stated that no direct recruitment - 7 - HC-KAR CNR: KAHC010059012024 NC: 2026:KHC:36148 WP No. 4457 of 2024 vacancies have been encroached without providing block seniority list as per the settled principles of law. The recruitment to the said post are filled up in accordance with the official memorandum of the State of Karnataka dated 05.07.1976, which came to be issued based on the decision of the Hon'ble Apex Court in the case of Sri. V.B.Badami Vs. State of Karnataka1. As per the said memorandum, promotions made to vacancies in excess of promotional quota are to be considered irregular and when direct recruitment takes place, the said recruits shall occupy the vacancy within their quota and the same cannot be filed by the irregular promotees. The irregular promtees will have to be absorbed in the subsequent vacancy within their quota. The respondents have failed to consider the representations of the petitioners, aggrieved by which the petitioners filed a writ petition before this Court in WP Nos. 6356-6370 of 2016. The said writ petition came to be disposed of vide order dated 1 (1976) 2 SCC 901 - 8 - HC-KAR CNR: KAHC010059012024 NC: 2026:KHC:36148 WP No. 4457 of 2024 19.07.2016 directing the respondents to consider the representations of the petitioners. The State of Karnataka, while considering the issue of seniority with respect to the reservations in compliance with the order of the Hon’ble Apex Court dated 09.02.2017 in Civil Appeal No.2368/2011, has once again reiterated that the promotion pertaining to direct recruits is governed by the memorandum dated 05.07.1976 at Annexure-C1. The respondents have issued the impugned endorsement without issuing the seniority list as per block seniority in accordance with the official memorandum. Hence, this petition. 3. Heard the arguments of learned counsel for the petitioners and learned counsel for respondent Nos.1 and 2. 4. Learned counsel for the petitioner submits that, no seniority list has been issued or published by the respondents. A direction be issued to the respondents to issue seniority list in accordance with the official - 9 - HC-KAR CNR: KAHC010059012024 NC: 2026:KHC:36148 WP No. 4457 of 2024 memorandum dated 05.07.1976 and notification dated 15.01.1998. Hence, on these grounds, he prays to disposed of the writ petition. 5. Per contra, learned counsel for the respondents submits that, in an identical matter, the Co-ordinate Bench of this Court has already passed an order in the case of Sri Basavaraju H B and Others Vs. The Karnataka Power Transmission Corporation Limited and Another2, wherein the Co-ordinate Bench has directed the respondents to issue a seniority list in accordance with the official memorandum dated 05.07.1976 and notification dated 15.01.1998. The respondents will issue the seniority list in accordance with the aforesaid official memorandum and notification in respect of Assistant Executive Engineers (Civil). He submits that, there is a delay in filing the writ petition and the writ petition is liable to be dismissed on the ground of delay and laches and he submits that, in an identical matter in the case of Sri Basavaraju H B 2 WP No.17336/2023, disposed of on 19.02.2026 - 10 - HC-KAR CNR: KAHC010059012024 NC: 2026:KHC:36148 WP No. 4457 of 2024 (supra), the Co-ordinate bench has dismissed the writ petition. While dismissing the writ petition, the Co-ordinate bench has directed the respondents to issue a seniority list. 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. As rightly contended by the learned counsel for the respondents, the impugned endorsements were issued in the years 2017 and 2021, and the writ petition is filed in the year 2024. There is a delay of three years in filing the writ petition. Hence, on the ground of delay and laches, the writ petition is liable to be dismissed. 8. The Hon’ble Apex Court in the case of Chennai Metropolitan Water Supply and Sewerage Board and Others Vs. T.T. Murali Babu3, has held in paragraph No.16 as follows: “16. Thus, the doctrine of delay and laches should not be lightly brushed aside. A writ court is required to 3 (2014) 4 SCC 108 - 11 - HC-KAR CNR: KAHC010059012024 NC: 2026:KHC:36148 WP No. 4457 of 2024 weigh the explanation offered and the acceptability of the same. The court should bear in mind that it is exercising an extraordinary and equitable jurisdiction. As a constitutional court it has a duty to protect the rights of the citizens but simultaneously it is to keep itself alive to the primary principle that when an aggrieved person, without adequate reason, approaches the court at his own leisure or pleasure, the court would be under legal obligation to scrutinise whether the lis at a belated stage should be entertained or not. Be it noted, delay comes in the way of equity. In certain circumstances delay and laches may not be fatal but in most circumstances inordinate delay would only invite disaster for the litigant who knocks at the doors of the court. Delay reflects inactivity and inaction on the part of a litigant — a litigant who has forgotten the basic norms, namely, “procrastination is the greatest thief of time” and second, law does not permit one to sleep and rise like a phoenix. Delay does bring in hazard and causes injury to the lis.” The Hon’ble Apex Court has held that, doctrine of delay and laches should not be brushed aside; delay in approaching the Court in a circumstance assumes more importance. Without justification, delay cannot be ignored - 12 - HC-KAR CNR: KAHC010059012024 NC: 2026:KHC:36148 WP No. 4457 of 2024 and the petition is liable to be dismissed on the ground of delay and laches. 9. Considering the mandate laid down by the Hon’ble Apex Court in the case of T.T. Murali Babu (supra), this writ petition is liable to be dismissed on the ground of delay and laches. 10. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is dismissed; ii. A liberty is reserved to the petitioners to make representations after the disposal of WP No.12343 of 2026. If such representations are made, the respondents are directed to consider the same and pass appropriate orders in accordance with law; iii. Pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA | List No.: 1 Sl No.: 34