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2026 Supreme(Online)(Kar) 24640

THE HIGH COURT OF KARNATAKA
S.R.Krishna Kumar, J
Keertikumar – Appellant
Versus
Karnataka Power Transmission Corporation Limited – Respondent
WP No. 13070 of 2026



Advocates:
For the Appellants/Petitioners: Chandan S. Malapur, Sateesh.N. Kottalagi, Chadnrakanth Pol
For the Respondents: A. Chandrachud

Serving Armed Forces personnel are entitled to apply for State civil service posts under the Ex-serviceman category during the final year of their service engagement as per the Explanation to Rule 2(1)(i) of the Karnataka Civil Services (General Recruitment) Rules, 1977, provided they hold a valid NOC.

Headnote:(A) Karnataka Civil Services (General Recruitment) Rules, 1977 - Rule 2(1)(i) - Explanation - Ex-serviceman - Recruitment - Definition and entitlement to apply for civil employment while in service - Personnel serving in the Armed Forces are permitted under the Explanation to Rule 2(1)(i) to apply for re-employment one year before completion of specified terms of engagement - Rejection of candidature of a serving soldier by treating them as ineligible due to non-retirement status is contrary to law and arbitrary.

Facts of the case:
The petitioner, a soldier in the Indian Army, applied for the post of Junior Powerman under the Ex-servicemen category while in the final year of his service, having obtained a No Objection Certificate (NOC) for civil employment. Despite his selection for document verification, his application was rejected by the respondents solely on the ground that he had not yet retired from the Indian Army.

Issues: Whether an Armed Forces personnel, during the last year of their service and possessing an NOC, is eligible to be treated as an Ex-serviceman for the purpose of recruitment against civil posts under the State.

Findings of Court:
The court found that the rejection of the petitioner's candidature was illegal, arbitrary, and contrary to the settled legal position regarding the eligibility of serving personnel to apply for civil posts during the last year of their tenure provided they hold proper authorization.

Ratio Decidendi: Pursuant to the Explanation to Rule 2(1)(i) of the Karnataka Civil Services (General Recruitment) Rules, 1977, serving Armed Forces personnel who will satisfy the criteria of an "Ex-serviceman" upon retirement are permitted to apply for civil employment one year before their discharge. Consequently, rejecting such an application on the ground of being in service is unsustainable.

Result: Petition allowed.

Table of Content
1. summary of facts regarding the rejection of candidature based on service status. (Para 1 , 2 , 3)
2. application of existing judicial precedent to the current controversy. (Para 4)
3. final direction to the respondents for the recruitment of the petitioner. (Para 5)

AND:

1. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED

REP. BY ITS MANAGING DIRECTOR,

CORPORATE OFFICE, INDHANA BHAVAN,

BANGALORE-560 009.

2. THE DIRECTOR (ADMIN AND HR)

KARNATAKA POWER TRANSMISSION

CORPORATION LIMITED,

CORPORATE OFFICE,

INDHANA BHAVAN,

BANGALORE-560 009.

3. THE MANAGING DIRECTOR,

BESCOM, CORPORATE OFFICE,

K.R.CIRCLE,

BENGALURU- 560 001.

4. THE GENERAL MANAGER (A AND HR)

BESCOM, CORPORATE OFFICE,

K.R. CIRCLE, BENGALURU-560 001.

5. THE PRESIDENT,

JUNIOR POWERMAN

ENDURANCE TESTING CIRCLE COMMITTEE,

BESCOM, BANGALORE NORTH CIRCLE,

BANGALORE-560 102.

6. THE SUPERINTENDENT ENGINEER (E)

OFFICE OF REGIONAL TRANSMISSION,

BENGALURU BLECTRICAL COMPANY,

RAMANAGARA CIRCLE,

NO.285, L.J. ARCADE, JNANABHARATHI LAYOUT,

2ND STAGE, VALAGEREHALLI,

100 FEET DOUBLE ROAD,

KENGERI SUB-DIVISION,

BENGALURU-560 060.

…RESPONDENTS

(BY SRI. A. CHANDRACHUD, ADVOCATE)

THIS W.P IS FILED UNDER ARTICLES 226 AND 277 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO THE IMPUGNED BEARING NO. AAEM(V) / RAVYA / OOLENI / LE/SALE/SA2/2025-26/9438-39 DATED 05.03.2026 FROM THE RESPONDENTS.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks the following reliefs:

a) Call for the entire records leading to the impugned bearing No.AaEm(V)/ RaVya / OoLeNi / Le / Sale/ Sa2 / 2025-26 / 9438-39 dated 05.03.2026 from the respondents;

(b) Issue a writ / order in the nature of certiorari by quashing the endorsement bearing Nо.RaVya / OoLeNi / AaEm(V) / Le / Sale / Sa2 / 2025-26 / 9438-39 dated 05.03.2026 passed by the 6th respondent (Annexure-H to the writ petition), in the nature of Certiorari.

(c) Issue a writ / order in the nature of mandamus directing the respondents herein to consider the candidature of the petitioner against the post of Junior Powerman under Ex-servicemen category as in terms of the shortlisted candidates for document verification notified by the 4th respondent (Annexure-E) by issue of a writ in the nature of mandamus and grant all consequential benefits.

(d) Issue any other appropriate writ, order or direction as this Hon’ble Court deems fit to grant, in the interest of justice and equity.

2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner was appointed on 19.09.2008 and was due to be discharged from service on 10.09.2024. On 14.10.2024, KPTCL issued a Recruitment Notification for various sanctioned posts to which the petitioner applied after obtaining NOC for Civil employment, despite which, the respondents proceeded to issue the impugned endorsement rejecting the application of the petitioner on the ground that he was still in service of Indian Army and cannot be termed as ex-serviceman, aggrieved by which the petitioner is before this Court by way of the present petition.

4. Though several contentions have been urged by both sides in support of their respective claims, the issue in controversy between the parties is directly and squarely covered by the judgment of this Court in the case of Girisha M Vs. Karnataka Power Transmission Corporation Limited and others – W.P.No.10554/2026 dated 09.04.2026, wherein it is held as under:

“In this petition, the petitioner seeks the following reliefs-

"a)QUASH Endorsement bearing no.AaM(V)/BemOoVya/OoLeyNi/Ley/Saley/HeSa(Si)/25-26/6319 dated 24-02-2026 passed by the 5th respondent (ANNEXURE-H to the writ petition) by issue of a writ in the nature of certiorari by issue of a writ in the nature of Certiorari.

(b) DIRECT the responden

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