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2025 Supreme(Online)(Kar) 41263
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103035 OF 2021 (S-RES)
BETWEEN:
FAKIRAPPA S/O. NAGAPPA VARAVI, AGE: 31 YEARS, R/O: HALIGERI, TALUK: DHARWAD, DIST: DHARWAD.
…PETITIONER (BY SRI. J. S. SHETTY, ADVOCATE)
AND:
11. THE STATE OF KARNATAKA, BY ITS SERETARY, DEPARTMENT OF ENERGY, VIKAS SOUDHA, B R. AMBEDKAR VEEDI, BENGALURU – 560 001.
22. HUBBALLI ELECTRICITY SUPPLY COMPANY LTD,, NAVANAGAR DHARWAD – 580 025, BY ITS CHAIRMAN.
33. EXECUTIVE ENGINEER (ELE), HUBBALLI ELECTRICITY SUPPLY COMPANY LTD., O AND M RURAL DIVISION, DHARWAD, DHARWAD – 580 001.
44. DIRECTOR (FINANCE), HUBBALLI ELECTRICITY SUPPLY COMPANY LTD., NAVANAGAR, DHRWAD – 580 025.
55. SUPERINTENDING ENGINEER (ELE)
HUBBALLI ELECRITCITY SUPPLY COMPANY LTD, O AND M CIRCLE HUBBALLI, DHARWAD – 580 023.
…RESPONDENTS (BY SRI. B.S.KAMAT, ADVOCATE FOR R2 TO R5;
SMT. GIRIJA S. HIREMATH, HCGP FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER NO.485/ DHA GRA.V/KA/LE/ SALE/ HISA(KAM) KA-54/2021-22/3058-61, DATED 28.7.2021 PASSED BY THE 3RD RESPONDENT THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-A AND ALSO THE ENDORSEMENT/LETTER NO.HUVSAKAMNI/NI/ KAM AND LE)/ ULENI.KAM/ LE/KAM/ SALEKAM/ OM/1/1-22/ CYS 264 DATED 28.7.2021 ISSUED BY THE FOURTH RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE B AND ALSO THE NOTIFICATION NO.AAIM(V)/ ULENI/HISA-1/2021-22/ CYS- 309 DATED 29.7.2021 ISSUED BY THE 4TH RESPONDENT THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-C. DIRECTION MAY KINDLY BE ISSUED AGAINST THE RESPONDENTS TO REINSTATE THE PETITIONER IN SERVICE IN THE POST OF THE GRAMA VIDYUTH PRATINIDHIS, WITH FULL BACK WAGES, CONTINUITY OF SERVICE AND ALL OTHER CONSEQUENTIAL BENEFITS AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer:
A. Issue a writ of certiorari to quash the order No.485/Dha Gra.v/Ka/Le/ Sale/ HiSa(Kam) Ka-54/2021- 22/3058-61, dated 28.7.2021 passed by the 3rd respondent the copy of which has been produced herewith and marked as Annexure-A and also the endorsement/letter no. HuVSaKamNi/ Ni/ Kam&Le)/ ULeNi.Kam/ Le/ Kam/ Salekam/ OM/ 1/ 1-22/ CYS + 264 dated 28.7.2021 issued by the fourth respondent, the copy of which has been produced herewith and marked as Annexure B and also the notification no.AaIm(V)/ ULeNi/HiSa- 1/2021-22/ CYS-309 dated 29.7.2021 issued by the 4th respondent the copy of which has been produced herewith and marked as Annexure-C.
B. Direction may kindly be issued against the respondents to reinstate the petitioner in service in the post of the Grama Vidyuth Pratinidhis, with full back wages, continuity of service and all other consequential benefits.
C. Any other writ or direction which this Honorable court deems fit to grant in the facts and circumstances of the case, may kindly be granted in favour of the petitioners, by allowing this writ petition, in the ends of justice and equity.
2. Heard the learned counsel Shri J.S. Shetty appearing for the petitioner; the learned counsel Shri B.S. Kamate appearing for repsndent Nos.2 to 5; and the learned HCGP Smt.Girija S.Hiremath appearing for respondent No.1.
3. The petitioner is appointed as a Grama Vidyut Prathinidhi (for short “GVP”). His services come to be terminated on account of certain misconduct. The Coordinate Bench of this Court, in identical circumstances, considering the termination orders passed by the respondent-Corporation against several employees, in terms of its order dated 31.08.2020, disposed the petitions by the following order:
In the above circumstances, these writ petitions are favoured in part:
i) A writ of certiorari issues quashing the impugned Orders whereby GVPs' claim absorption/regularization and for the grant of wages in regular pay scales has been rejected;
ii) A writ of mandamus issues to the first respondent to frame a Fair Scheme for considering the claim of GVPs for regularization/absorption: in service, keeping in view the High Level Committee Recommendations; the current services of the GVPs shall rot be dispensed with except on the ground of proven delinquency or the like;
iii) A writ of mandamus issues to the respondents to identify the posts whose Job Chart substantially matches with the work being done by the GVPs and to pay them the wages in the minimum of the pay scales admissible to such posts, having in mind the Recommendations of High Level Committee and observations in Kollaiah Case, with effect from 02.10.2020, being the Jayanthi of Father of the Nation;
iv) A writ of certiorari issues quashing the impugned termination orders in W.P.No.43037/2015 and in W.P.No.44902/2015, with liberty to hold disciplinary enquiry within eight weeks; if not found guilty, these petitioners shall be reinstated without any consequential benefits such as back wages, counting of service, etc.; and
v) The respondent-Govt., KPTCL and the ESCOMS shall report compliance of above directions to the Registrar General of this Court within two weeks following the expiry of respective periods prescribed in the paragraphs, supra.Now, no costs.
4. The order so passed was tossed by the Corporation before the Division Bench. The Division Bench in terms of its order dated 24.01.2025 has not disturbed the findings qua the termination orders on stigma. The foundation for passing the order of the learned Single Judge insofar as it depicts stigmatic removal is found in clause-H of the order of the learned Single Judge, it reads as follows:
(h) Stigmatic removal of GVPs & Non-renewal of so Called 'service contracts' by issuing fresh MOU:
(i) In connected W.P.No.27417/2015 &W.P.No.44902/2015 the GVPs have laid a challenge to the punitive orders of their remova
