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SRI. H. G. RAMESH – Appellant
Versus
THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED – Respondent
WP 4951/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MARCH, 2021
BEFORE
THE HON9BLE MR.JUSTICE S.G.PANDIT
WRIT PETITION No.4951/2021 (S-RES)
BETWEEN:
SRI. H. G. RAMESH
S/O LATE H.R.GOVINDAIAH,
AGED ABOUT 56 YEARS,
OCC: SUPERINTENDING ENGINEER (ELE)
BENGALURU RURAL CIRCLE, BESCOM,
RESIDING AT NO.2868,
1ST MAIN, KODIHALLI,
HAL 2ND STAGE, INDIRANAGAR,
BENGALURU-560008.
...PETITIONER
(BY SRI.SHIVAPRASAD SHANTANAGOUDAR, ADV.)
AND:
1. THE KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
REP. BY SECRETARY,
CORPORATE OFFICE, KAVERI BHAVAN,
K.G.ROAD, BANGALORE 560001.
2. THE BENGALURU ELECTRICITY
SUPPLY COMPANY,
REP. BY AUTHORISED REPRESENTATIVE
EXECUTIVE ENGINEER,
CORPORATE OFFICE,
K.R.CIRCLE, BENGALURU 560001.
2
3. SRI H V KRISHNAPRASAD
AGED ABOUT 57 YEARS
OPERATION AND MAINTENANCE,
BENGALURU, RURAL CIRCLE,
BESCOM, BENGALURU-560001.
4. THE STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
VIDHAN SOUDHA,
BENGALURU-560 001,
REP. BY PRINCIPAL SECRETARY.
5. THE BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAYA ROAD,
KUMARA KRUPA 3 WEST,
BENGALURU- 560 020,
REP. BY COMMISSIONER.
&RESPONDENTS
(BY SRI.CHANDRASHEKAR L, ADV. FOR R3
SRI. SANDESH KUMAR M, HCGP FOR R4
SRI. K KRISHNA, ADV. FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED NOTIFICATION DATED 03.03.2021 PASSED BY
THE R1 ANNX-C AND DIRECT THE R1 TO CONTINUE THE
SERVICE OF THE PETITIONER IN THE PRESENT PLACE AND
POST i.e., OPERATION AND MAINTENANCE, BANGALORE
RURAL CIRCLE.
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED
ON
22/03/2021
COMING
ON
FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:
3
O R D E R
The petitioner is before this Court under Article 226
of the Constitution of India praying for a writ
of
certiorari
to
set
aside
Notification
Annexure-C
bearing
No.Kavi.Pra.Ni.Ni./B100/13538/2020-21/02
dated
03.03.2021
under
which
the
petitioner
is
transferred and 3rd respondent is posted in his place and
for writ of mandamus directing the respondent No.1 to
continue the services of the petitioner at O & M Division
Bangalore Rural Circle.
2.
Heard Sri Shivaprasad Shantanagoudar, learned
counsel for the petitioner, Sri S. Sriranga, learned counsel
for respondents 1 and 2, Sri L. Chandrashekar, learned
counsel for respondent No.3, Sri M. Sandesh Kumar,
learned HCGP for respondent No.4 and Sri K. Krishna
learned counsel for respondent No.5. Perused the writ
petition papers.
4
3.
Learned counsel for the petitioner submits that
petitioner is working as Superintending Engineer in the 1st
respondent-Karnataka Power Transmission Corporation
Limited (for short 8the Corporation9) and he was posted to
the present post as Superintending Engineer (Ele)
Bangalore
Rural
Circle,
BESCOM,
under
Official
Memorandum (Annexure-A) dated 01.10.2019, since then
the petitioner is working in the said post. Under impugned
Notification Annexure-C dated 03.03.2021, the petitioner
is transferred and sent on deputation to 5th respondent3
BDA by posting 3rd respondent in petitioner9s place.
Immediately writ petition was filed by the petitioner on
05.03.2021 before this Court. The respondent3
Government
under
Notification
dated
15.03.2021
produced along with memo dated 05.03.2021 repatriated
the services of the petitioner to the Corporation stating
that there is no vacant post of Superintending Engineer in
BDA. Subsequently by Official Memorandum dated
20.03.2021 the petitioner is given posting in modification
5
of Notification dated 03.03.2021 as Superintending
Engineer (Ele), Hotline, KPTCL, Bangalore.
4.
Learned counsel for the petitioner contends that the
transfer of the petitioner is premature, as the petitioner is
working in the present post only for the last one and half
years. Petitioner is a
