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2026 DAILYLAW 3132 (KAR)

GIRISHA M v. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED

WP/10554/2026 · 2026-04-09

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19818 WP No. 10554 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 10554 OF 2026 (S-RES) BETWEEN: GIRISHA M AGED ABOUT 41 YEARS, S/O MOHANA, R/A DURGA SANNIDHI, NEAR SIDDAPPANNA GUDI, RIPPONPETE, HOSANAGARA TQ, SHIVAMOGGA DIST- 577 426 ALSO R/A NO.257/1, TALAKAVERI LAYOUT, BASAVANAGAR, BANGALORE - 560 037. …PETITIONER (BY SRI. SUVARNA LAKSHMI M.L, ADVOCATE) AND: 1. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, REP. BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, INDHANA BHAVAN, BANGALORE - 560 009. 2. THE DIRECTOR (ADMIN AND HR) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, CORPORATE OFFICE, INDHANA BHAVAN, BANGALORE - 560 009. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19818 WP No. 10554 of 2026 3. THE MANAGING DIRECTOR, BESCOM, CORPORATE OFFICE, K.R.CIRCLE, BENGALURU - 560 001. 4. THE GENERAL MANAGER (A AND HR) BESCOM, CORPORATE OFFICE, K.R.CIRCLE, BENGALURU - 560 001. 5. THE PRESIDENT, JUNIOR POWERMAN, ENDURANCE TESTING CIRCLE COMMITTEE, BESCOM, BANGALORE NORTH CIRCLE, BANGALORE - 560 102. …RESPONDENTS (BY SRI. A. CHANDRACHUD, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTIUTION OF INDIA PRAYING TO QUASH ENDORSEMENT BEARING NO.AaM(V)/BemOoVya/OoLetNi/ Ley/Saley/HeSa(Si)/25-26/6319 DATED 24-02-2026 PASSED BY THE 5TH RESPONDENT (ANNEXURE-H TO THE WRIT PETITION) BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:19818 WP No. 10554 of 2026 ORAL ORDER In this petition, the petitioner seeks the following reliefs- "a)QUASH Endorsement bearing no.AaM(V)/BemOoVya/OoLeyNi/Ley/Saley/HeSa(Si)/ 25-26/6319 dated 24-02-2026 passed by the 5th respondent (ANNEXURE-H to the writ petition) by issue of a writ in the nature of certiorari by issue of a writ in the nature of Certiorari. (b) DIRECT the respondent herein to consider the candidature of the petitioner against the post of Junior Powerman under Ex-servicemen category as in terms of the shortlisted candidates for document verification notified by the 4th respondent (ANNEXURE-E) by issue of a writ in the nature of Mandamus and grant all consequential benefits. (c) ISSUE any other appropriate writ, order or direction as this Hon'ble Court deems fit to grant in the interest of justice and equity, including the award of costs of this writ petition" 2. A perusal of the material on record would indicate that the petitioner joined the services of the Indian Army on 26.09.2003. 3. The respondent - Karnataka Power Transmission Corporation Limited (KPTCL) issued recruitment notification. - 4 - HC-KAR NC: 2026:KHC:19818 WP No. 10554 of 2026 Pursuant to which, the Senior Ranking Officer of the Station C/o.56, Indian Army has issued a No Objection Certificate (NOC) dated 24.12.2024 for Civil employment to the petitioner. Wherein, it is observed that the petitioner is due to be discharged from service on 30.09.2025. The said NOC also states that under the provision of the Army Order 78/79, the department has no objection to the petitioner applying for civil employment during the last year of service. 4. It is contented that the petitioner was called by the KPTCL vide undated communication for endurance test to be held on 10.06.2025 by the BESCOM, which was attended by the petitioner and the name of the petitioner was figured in the list of shortlisted candidates for document verification for the post of Junior Powerman (NKK) and the name of the petitioner is found at serial no.4381 against shortlisted category as General Ex-Servicemen. 5. Subsequently, the petitioner was discharged from service of the Indian Army on 30.09.2025 and on completion of his tenure, PPO details of the petitioner was issued accordingly. It is the grievance of the petitioner that the fifth respondent, - 5 - HC-KAR NC: 2026:KHC:19818 WP No. 10554 of 2026 who is the President of the Endurance Testing Circle Committee, of BESCOM proceeded to issue the impugned endorsement at Annexure-H dated 24.02.2026 thereby rejecting the application of the petitioner on the ground that when the petitioner applied to the post of a Junior Powerman against the aforesaid recruitment notification, he was still in the services of the Indian Army and therefore, he cannot be termed as an Ex-Serviceman. The petitioner having submitted a representation dated 05.03.2026 requesting consideration of his candidature in the light of the NOC provided by the Indian Army, having not been considered by the respondent, the petitioner is before this Court by way of the present petition. 6. Per contra, learned counsel for the respondent would submit that there is no merit in the petition and the same is liable to be dismissed and the respondent no. 5 was justified was fully justified in rejecting the candidature of the application of the petitioner by issuing the interim endorsement which does not warrant interference by this Court in the present petition. - 6 - HC-KAR NC: 2026:KHC:19818 WP No. 10554 of 2026 7. Before adverting to the rival contentions, it would be necessary to extract the Karnataka Civil Services (General Recruitment) Rules, 1977, which defines "Ex-serviceman" at Rule 2(1)(i) as hereunder- "Ex-serviceman" means a person, who has served in any rank (whether as a combatant or as non-combatant) in the Regular Army, Navy and Air force of the Union does not include a person who has served in the Defence Security Corps, the General Reserve Engineering Force, the Lok SahayakSena and the Para Military Forces, and (a) who has retired from such service after earning his pension; or (b) who has been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or (c) who has been released otherwise than on his own request from such service as a result of reduction in establishment; or (d) who has been released from such service after completing the specific period of engagement otherwise than at his own request or by way of dismissal or discharge on account of misconduct or in-efficiency and has been given a gratuity; - 7 - HC-KAR NC: 2026:KHC:19818 WP No. 10554 of 2026 and includes personnel of the Territorial Army of the following categories, namely:- i) Pension holders for continuous embodied service; ii) Persons with disability attributable to military service; and iii) gallantry award winners. Explanation :The persons serving in the Armed Forces of the Union, who on retirement from service, would come under the category of "Ex-servicemen" may be permitted to apply for re-employment one year before the completion of the specified terms of engagement and avail themselves of all concessions available to ex-servicemen, but shall not be appointed to a State Civil Service or post until they are permitted to leave the uniform." 8. In this context, the NOC issued by the Indian Army dated 24.12.2024 clear is as under - "NO OBJECTION CERTIFICATE FOR CIVIL EMPLOYMENT (TO BE ISSUED DURING LAST ONE YEAR OF SERVICE ONLY) 1. This is to certify that No.14665632M Rank/Trade NK/ATOTECBV Name GIRISHA M has been serving in Indian Army since 26/09/2003 (Date of Enrolment). The individual is due for discharged from service on 30/09/2025 (AN). - 8 - HC-KAR NC: 2026:KHC:19818 WP No. 10554 of 2026 2. Under the provision of Army Order 78/79, this department has no objection on his applying for civil employment during last year of service. 3. His release from service prior to the date of discharge mentioned in paragraph 1 above, if contingency arises, will be subject to exigencies of service." 9. As is clear from the NOC issued by the Indian Army, the petitioner is due to be discharged from service on 30.09.2025 and consequently, the petitioner would be entitled to be recruited to the post of Junior Powerman, pursuant to the aforesaid notification issued by the respondent no. 2. 10. Despite the aforesaid facts and circumstances, the respondent no. 5 has proceeded to issue the impugned endorsement rejecting the application of the petitioner on the erroneous premise that he was still an Ex-Serviceman without appreciating that the petitioner was due to be discharged from service on 30.09.2025 and the Indian Army had specifically stated that it has no objection for the petitioner for applying for Civil employment, which includes employment as a Junior Powerman in BESCOM. - 9 - HC-KAR NC: 2026:KHC:19818 WP No. 10554 of 2026 11. Under these circumstances, I am of the considered opinion that the impugned endorsement at Annexure-H being illegal and contrary, illegal and arbitrary, the same deserves to be quashed and necessary directions be issued to the respondents to consider the candidature of the petitioner for appointment to the post of Junior Powerman under the Ex- Serviceman category within a stipulated time frame. 12. In the result, the following - ORDER i. Petition is hereby allowed. ii. The impugned endorsement dated 24.02.2026 at Annexure-H is hereby quashed. iii. The concerned respondents are directed to consider the candidature of the petitioner against the post of Junior Powerman under Ex-Serviceman category in terms of the shortlisted candidates for document verification notified by the respondent No.4 vide Annexure-E and take appropriate decisions/pass appropriate orders within a period of - 10 - HC-KAR NC: 2026:KHC:19818 WP No. 10554 of 2026 two (2) months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE HNM List No.: 2 Sl No.: 10