- 1 - HC-KAR NC: 2026:KHC-D:697 WP No. 112931 of 2019 C/W WP No. 103661 of 2023 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 112931 OF 2019 (S-PRO) C/W WRIT PETITION NO. 103661 OF 2023 (S-PRO) IN WP No. 112931/2019: BETWEEN: 1. SHRI. IMRAN D. S/O. LATE DADAPEER P. AGE: 30 YEARS, JUNIOR ENGINEER, O/O OF THE SECTION OFFICER, O AND M SUB DIVISION, HESCOM, HUBBALLI ELECTRICAL SUPPLY COMPANY, M.K. HUBBALLI, BAILHONGAL TALUK, BELAGAVI DISTRICT-591115. 2. SRI. JAGADISHA N. SAUNSHI S/O. NINGAPPA N. SAUNSHI, AGE: 27 YEARS, JUNIOR ENGINEER, O/O THE SECTION OFFICER, O AND M SUB DIVISION, HESCOM, KITTUR, BELAGAVI DISTRICT. …PETITIONERS (BY SRI. VIJAYKUMAR, ADVOCATE (THROUGH VC)) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, VIKAS SOUDHA, BENGALURU-560001. 2. THE KARNATAKA POWER TRANSMISSION CORPORATION, REP. BY ITS DIRECTOR (ADMN AND HR), CORPORATE OFFICES, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.28 10:36:12 +0530 - 2 - HC-KAR NC: 2026:KHC-D:697 WP No. 112931 of 2019 C/W WP No. 103661 of 2023 3. THE MANAGING DIRECTOR HUBBALLI ELECTRICITY SUPPLY COMPANY, OLD P.B. ROAD, NAVANAGAR, HUBBALLI-580025. 4. THE SUPERINTENDENT ENGINEER O AND M CIRCLE, HESCOM, NEHRUNAGAR, BELGAUM, BELAGAVI DISTRICT-590001. 5. THE EXECUTIVE ENGINEER O AND M DIVISION, HESCOM, BAILHONGAL, BELAGAVI DISTRICT-590001. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1; SRI. B.S.KAMATE, ADVOCATE FOR R2 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR AN ORDER OR A DIRECTION DIRECTING THE 3RD RESPONDENT TO CONSIDER THE PETITIONERS FOR APPOINTMENT BY TRANSFER IN TERMS OF THE 109TH RESOLUTION PASSED BY THE 2ND RESPONDENT DATED 19.02.2018 (VIDE ANNEXURE-K) AND ORDER DATED 17.06.2019 VIDE (ANNEXURE-V) BEARING NO.KA.V.PRA.NINI/B60/88632/2018-19 AND ETC. IN WP NO. 103661/2023: BETWEEN: 1. SHRI. IMRAN D. S/O. LATE DADAPEER P., AGE: 33 YEARS, JUNIOR ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, O AND M RURAL DIVISION, HESCOM, HUBLI ELECTRICITY SUPPLY COMPANY LIMITED, GANDHI NAGAR, BELAGAVI TALUK, BELAGAVI DISTRICT-590016. ...PETITIONER (BY SRI. OMKAR L.DESAI, ADVOCATE FOR SMT. POORNIMA BANAKAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, - 3 - HC-KAR NC: 2026:KHC-D:697 WP No. 112931 of 2019 C/W WP No. 103661 of 2023 ENERGY DEPARTMENT, VIKAS SOUDHA, BANGALORE-560 001. 2. THE KARNATAKA POWER TRANSMISSION CORPORATION, REP. BY ITS MANAGING DIRECTOR, CORPORATE OFFICES, CAUVERY BHAVAN, K.G.ROAD, BANGALORE-560 009. 3. THE MANAGING DIRECTOR HUBBALLI ELECTRICITY SUPPLY COMPANY, OLD P.B.ROAD, NAVANAGAR, HUBBALLI-580 025, DIST: DHARWAD. 4. THE SUPERINTENDENT ENGINEER O AND M CIRLCE HESCOM, NEHRUNAGAR BELGAUM, BELGAUM DISTRICT-590010. 5. THE EXECUTIVE ENGINEER O AND M DIVISION, HESCOM, BAILHONGAL, BELGAUM DISTRICT. ...RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1; SRI. C.R.HIREMATH, ADVOCATE FOR R2; SRI. B.S.KAMATE, ADVOCATE FOR R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF THE IMPUGNED ORDER BEARING NO. HCO-07/D212/2017-18 DATED 21/09/2019 (VIDE ANNEXURE-P) ISSUED BY THE 3RD RESPONDENT AND AFTER PERUSAL SET ASIDE THE SAME; TO DIRECT THE RESPONDENTS TO CONSIDER HIS CLAIM FOR APPOINTMENT BY TRANSFER IN TERMS OF THE RESOLUTION IN SUBJECT NO. 109/A05 DATED. 13.03.2018 OF THE 2ND RESPONDENT (ANNEXURE-G) AND GRANT ALL CONSEQUENTIAL BENEFITS INCLUDING THE SENIORITY AS PER THE 10-A OF THE SAID REGULATIONS CONDITION (I.E., ONE SHOULD HAVE PUT IN A MINIMUM SERVICE OF THREE YEARS AS A JUNIOR ENGINEER (ELE)) FROM THE DATE OF THE 07.03.2018., THE DATE ON WHICH OTHER SIMILARLY PLACED PERSONS CLAIMS WERE CONSIDERED AND ETC. - 4 - HC-KAR NC: 2026:KHC-D:697 WP No. 112931 of 2019 C/W WP No. 103661 of 2023 THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER These writ petitions, involve common questions of law and facts relating to the claim of Junior Engineers (Electrical) working under the Hubballi Electricity Supply Company (HESCOM) for appointment by transfer to the cadre of Assistant Engineer (Electrical) under the erstwhile regulation 10A of the Recruitment and Promotion Regulations of Karnataka Power Transmission Corporation Ltd. (KPTCL), the effect of its deletion on 18.03.2015 and the scope and applicability of the subsequent resolution dated 19.02.2018 providing for one time consideration of certain categories of Junior Engineers. 2. As the issues raised are interconnected and arise out of the same statutory framework and resolution, both writ petitions are considered together and disposed of by this common order. - 5 - HC-KAR NC: 2026:KHC-D:697 WP No. 112931 of 2019 C/W WP No. 103661 of 2023 Brief facts: 3. The petitioners in both the writ petitions are Junior Engineers (Electrical), working under HESCOM which has adopted the recruitment and promotion regulations of KPTCL. Under regulation 10A, as it stood prior to 18.03.2015, appointment by transfer from Junior Engineer to Assistant Engineer work permissible subject to a) minimum qualifying service, b) possession of BE/AMIE qualification and c) completion of probation. By board resolution dated 18.03.2015, KPTCL deleted regulation 10A, thereby abolishing the method of appointment by transfer. However, pending application as on that date were protected by the order dated 03.06.2015. Subsequently, by resolution dated 19.02.2018, KPTCL decided, as a special one-time measure to consider certain Junior Engineers, who fulfilled at least one of the eligibility conditions, resulting in consideration of specified categories of employees. - 6 - HC-KAR NC: 2026:KHC-D:697 WP No. 112931 of 2019 C/W WP No. 103661 of 2023 4. In W.P.No.112931/2019, the petitioners sought a mandamus for consideration of their proposals contending that their cases were pending and forwarded by the departmental authorities but remained undecided. During the pendency of the said writ petition, in respect of one of the petitioner, the competent authority issued an endorsement dated 21.09.2019 rejecting the claim, leading to withdrawal of W.P.No.112931/2019 with liberty and filing of W.P.No.103661/2023, challenging the rejection order. 5. Learned counsel for the petitioners contends that the HESCOM having adopted the KPTCL regulations, is bind by all resolutions and amendments including the resolution dated 19.02.2018. It is contended that the petitioners possess the requisite educational qualification (B.E) and were therefore eligible for consideration under the one-time relaxation. Then their names were forwarded by the competent authority, demonstrating administrative acceptance of their eligibility. Further, it is - 7 - HC-KAR NC: 2026:KHC-D:697 WP No. 112931 of 2019 C/W WP No. 103661 of 2023 argued that several similarly situated Junior Engineers were granted appointment by transfer pursuant to High Court orders in the earlier writ petitions and subsequent administrative orders passed by the KPTCL and other HESCOM. 6. It is urged that the denial of similar benefit to the petitioners is arbitrary and discriminatory and violative of Articles 14 and 16 of the Constitution of India. Further, it is argued that the endorsement dated 21.09.2019 is vitiated by non-application of mind. It is further contended that the petitioners claim were pending and the subsequent direct recruitment notifications would prejudice their seniority and service prospects. 7. Per contra, learned counsel appearing for the respondent-KPTCL would contend that regulation 10A stood deleted on 18.03.2015 and therefore, no vested right accrued or survived thereafter. Appointment by transfer is not a matter of right but a method of recruitment subject to statutory provisions. It is contended - 8 - HC-KAR NC: 2026:KHC-D:697 WP No. 112931 of 2019 C/W WP No. 103661 of 2023 that the petitioners were appointed as Junior Engineers only in the month of March-2015 and did not possess the qualifying service or eligibility as on 18.03.2015. With respect to the resolution dated 19.02.2018, it is submitted that the resolution was confined to specific identified category of engineers, whose applications were pending and who satisfied the precise conditions enumerated therein and that the petitioners do not fall within those protected category. Further, the impugned endorsement, issued in respect of one of the petitioner was strictly in accordance with the governing regulations and parity cannot be claimed with the other employees, who are covered under distinct factual and eligibility criteria. 8. This Court has carefully considered the contentions urged and perused the material on record. 9. The core issue in both the writ petitions are not revival of regulation 10A but whether the benefit of the one-time relaxation to the resolution dated 19.02.2018 - 9 - HC-KAR NC: 2026:KHC-D:697 WP No. 112931 of 2019 C/W WP No. 103661 of 2023 adopted and implemented by HESCOM has been selectively and arbitrarily denied to the petitioners, despite their cases being similarly situated and duly sponsored by the departmental authorities. The resolution dated 19.02.2018 was admittedly passed as a special one- time measure to mitigate hardship arising from abrupt deletion of regulation 10A on 18.03.2015. The said regulation consciously relax the rigid requirement of fulfilling all the eligibility criteria or eligibility condition by permitting consideration of the Junior Engineers, who satisfied at least one of the prescribed conditions namely, possession of B.E qualification or completion of qualifying service. 10. Regulation 10A as originally framed does not confer an enforceable rights upon the petitioners. However, the respondents having consciously invoked regulation 10A as relaxed by the resolution 19.02.2018 and having considered similarly placed in Junior Engineers, the petitioners were entitled for consideration - 10 - HC-KAR NC: 2026:KHC-D:697 WP No. 112931 of 2019 C/W WP No. 103661 of 2023 under the said relaxation scheme. The impugned endorsement dated 21.09.2019 proceeds only on the premise that regulation 10A stood deleted and failed to advert to the governing resolution dated 19.02.2018. 11. The petitioners are therefore entitled for a fair and equal consideration of their cases if they fall under the one-time relaxation scheme. Accordingly, the following: ORDER i. The writ petitions are allowed in part. ii. The impugned endorsement dated 21.09.2019 is hereby quashed. iii. The respondents are directed to reconsider the case of the petitioners for appointment by transfer to the post of Assistant Engineer (Electrical) strictly in terms of the resolution dated 19.02.2018 within a period of eight weeks from the date of the receipt of copy of this order. - 11 - HC-KAR NC: 2026:KHC-D:697 WP No. 112931 of 2019 C/W WP No. 103661 of 2023 iv. If the petitioners are found eligible, appropriate orders shall be passed in accordance with law. v. It is made clear that this Court has not declared any vested right under regulation 10A and seniority and monetary benefits, if any, shall be subject to consideration and without disturbing the appointments already made. Sd/- JUSTICE K.S.HEMALEKHA AT Ct:VH List No.: 1 Sl No.: 38