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2010 Supreme(Kar) 944

V.G.SABHAHIT, A.S.BOPANNA
State of Karnataka, Represented by its Principal Secretary to Government Department of energy – Appellant
Versus
Karnataka Electricity Board Engineers Association – Respondent


Advocates Appeared:
For the Petitioner:Ashok Haranahalli, Advocate General, D. Vijayakumar, AGA. For the Respondent:P.D. Viswanath, Advocate, D.N. Nanjunda Reddy, Senior Consel, J. Mujtaba & M.A. Subramani, M/s. Sundaraswamy Ramadas & Anand Advocates.

Judgment

These appeals arise out of the order passed in W.P.No.27495/2002 connected with W.P. Nos.19413 to 19431 of 2003 and 19550 to 19565 of 2003, wherein the learned single Judge of this Court by order dated 30.06.2003, has allowed the writ petitions and struck down the provisions of Sub-rule (5)(a) of Rule 4 of the Karnataka Electricity Reform (Transfer of Undertakings of Karnataka Electricity Reform (Transfer of Undertakings of Karnataka Power Transmission Corporation Limited and its Personnel to Electricity Distribution and Retail Supply Companies) Rules, 2002 as ultra vires of Section 15 of the Karnataka Electricity Reforms Act, 1999.

2. Respondents 7 to 42 in W.A. No.5807/2003 and respondents 2 to 37 in W.A. No.8175/2003, who were working in the cadre of Graduate Engineers in the erstwhile Karnataka Electricity Board (for brevity, the Board) filed writ petitions before this Court under Articles 226 and 227 of the Constitution of India contending that they all belong to the state wide cadre of Graduate Engineers in the Board. In 1998-99, there was a proposal to initiate certain reforms in the functioning of the Board and in view of the same, the State Government promulgated















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