- 1 - HC-KAR NC: 2026:KHC-D:386 WP No. 103820 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 103820 OF 2014 (S-KSRTC) BETWEEN: K. HONNANAGOUDA S/O. K. BASAVARAJ AGE: 56 YEARS, OCC: CONDUCTOR, ADDRESS: C/O. KUDLIGI DEPT., CONDUCTOR LICENSE NO. 2295, TQ: KUDLIGI, DIST: BELLARY. &PETITIONER (BY SRI. MRUTYUNJAYA S.HALLIKERI, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER N.E.W.K.R.T.C, HOSPET DIVISION, HOSPET. 2. THE MANAGING DIRECTOR N.E.W.K.R.T.C GULBARGA DIVISION, GULBARGA. 3. THE CHIEF PERSONAL MANAGER N.E.W.K.R.T.C GULBARGA DIVISION, GULBARGA. &RESPONDENTS (BY SRI. PRASHANT S.HOSMANI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT DATED 5/04/2011 BEARING NO.HOVI:SIBBANDI:C- 4:1883-2011-12 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE- C; DIRECTING THE RESPONDENTS TO PROMOTE THE PETITIONER BY CONSIDERING THE REPRESENTATIONS DATED 09/04/2011 AND 29/05/2012 VIDE ANNEXURE-D & E AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 8B9 GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.06 10:35:25 +0530 - 2 - HC-KAR NC: 2026:KHC-D:386 WP No. 103820 of 2014 ORAL ORDER The petitioner, conductor of the North Western Karnataka Road Transport Corporation (for short 8NWKRTC9) has approached this Court challenging the endorsement dated 05.04.2011 and the consequential denial of promotion contending that his seniority has been illegally fixed from 12.12.1992 instead of from his original appointment in 1982, despite his transfer being purely on administrative grounds. 2. Brief facts; The petitioner was appointed as a Conductor in 1982, later regularized. He was dismissed on 23.04.1992, but the dismissal was set aside in appeal on 24.06.1992 with a direction to reinstate him. He was reinstated on 04.08.1992 and posted to Gangavati, Raichur Division by order dated 13.08.1992 [Annexure-B]. In 1992, he was transferred to Kudligi Division, Ballari Distrtict. 3. The case of the petitioner is that the petitioner has put in service for 30 years and was nearing retirement. - 3 - HC-KAR NC: 2026:KHC-D:386 WP No. 103820 of 2014 While issuing the promotion seniority list dated 27.01.2011, the respondents fixed his seniority from 12.12.1992 ignoring his earlier service. His objections and subsequent representations were rejected through an endorsement dated 05.04.2011 [Annexure-C]. 4. Learned counsel for the petitioner submits that transfer to Bellary Division was purely administrative and not at his instance, therefore his past service could not have been wiped out. Fixing the seniority from 1992 is arbitrary, illegal and violation of Article 14 and 16 of the Constitution of India. The endorsement dated 05.04.2011 suffers from non-application of mind and it is based on erroneous presumption. It is submitted that similarly placed persons, the corporation treated the transfer as administrative and granted benefits and that the petitioner is to be fairly considered for promotion. 5. Learned counsel appearing for the respondents submits that the petitioner's seniority has been rightly fixed from 12.02.1992. The petitioner, having suffered an order - 4 - HC-KAR NC: 2026:KHC-D:386 WP No. 103820 of 2014 of dismissal which was later set aside, cannot as a matter of right seek automatic restoration of seniority from the initial date of appointment unless specifically provided under the applicable service rules. It is further contended that petitioner has approached this Court belatedly, after publication of seniority and promotion list, and at the verge of retirement such delayed challenge in service matter, which affects settled seniority and third party right is liable to be rejected on the ground of laches. 6. The material on record discloses that after the petitioner's dismissal dated 23.04.1992 was set aside in appeal, he was reinstated with effect from 04.08.1992 and thereafter posted to Gangavati and subsequently to Kudligi Division. The fixation of seniority from 12.12.1992, is directly traceable to the reinstatement and posting orders issued after the disciplinary proceedings. The petitioner has not produced any material to demonstrate that the seniority should mandatory retreat back to the initial appointment of 1982, notwithstanding the dismissal and reinstatement. - 5 - HC-KAR NC: 2026:KHC-D:386 WP No. 103820 of 2014 Even assuming that the transfer from Raichur to Bellary Division was on administrative grounds, mere administrative transfer does not by itself confer an automatic right to restoration of seniority unless a governing service rules so provided. The petitioner has failed to establish that under the applicable Karnataka State Road Transport Corporation (Service Regulations), an employee transferred after reinstatement is entitled to carry forward seniority from the date of initial appointment. The endorsement does not suffer from any perversity or malafide. The seniority was fixed and promotion list was issued in 2011, whereas the writ petition has been filed in the year 2014, the petitioner has not explained satisfactorily the delay. On this ground also, the writ petition is liable to be dismissed. 7. For the aforesaid reasons, this Court finds no illegality of arbitrariness or violation in fixation of seniority in the impugned endorsement. Accordingly, this Court pass the following; - 6 - HC-KAR NC: 2026:KHC-D:386 WP No. 103820 of 2014 ORDER The writ petition is dismissed as devoid of merit. Sd/- JUSTICE K.S.HEMALEKHA PJ/Ct:VH List No.: 1 Sl No.: 70