IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.39916 OF 2018 (S-RES)

BETWEEN:

SMT PRATHIMA BHAT K., W/O HARISH M.G.

AGED ABOUT 38 YEARS RESIDING AT MAMBADY HOUSE, KAIKUNJE EAST POST, JODUMARGA BANTWAL TALUK D K DISTRICT - 574 219.

…PETITIONER (BY SRI. ARUNA SHYAM, SENIOR COUNSEL APPEARING FOR SRI.SUYOG HERELE E., ADVOCATE)

AND:

1. MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, MESCOM BHAVAN KAVOOR CROSS ROAD, BEJAI Di gitally MANGALURU – 575 001.

signed by CHANDANA 2. THE GENERAL MANAGER (ADMIN & HR)

B M MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED Location: CORPORATE OFFICE, High Court MESCOM BHAVAN, KAVOOR CROSS ROAD of Karnataka BEJAI, MANGALURU – 575 001.

3. THE ASSISTANT GENERAL MANAGER (ADMIN)

MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED CORPORATE OFFICE, MESCOM BHAVAN, KAVOOR CROSS ROAD BEJAI, MANGALURU – 575 001.

…RESPONDENTS (BY SRI. K.N. NITISH, ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE BOARD RESOLUTION DATED 29.06.2018 NO. IN AGENDA ITEM NO.BODM70/23, OFFICE ORDER DATED 31.07.2018 AND ENDORSEMENT DATED 31.07.2018 VIDE ANNEXURES-A, A1 AND A2 RESPECTIVELY AND ALL FURTHER PROCEEDINGS OF RESPONDENTS WITH REGARD TO THE SAID POST AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’

GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

In this petition, petitioner seeks for the following reliefs:-

“ i) Issue a Writ of Certiorari or any other Writ or Order in Quashing the Board resolution dated 29.06.2018 No. in Agenda item No.BODM70/23, Office Order dated 31.07.2018 No. Pravya(Aa&Masom)/Sapravya(Aa)/le (Aa) sa-le (Aa)/Mam.Na/K-A106/2018-2019/4398-41 Endorsement dated 31.07.2018 No. Pravya (Aa)/Sapravya (Aa)/sa-le (Aa)/ Mam.Na/K-A 106/2018-2019/4392-397 at vide Annexure A,A1 and A2 respectively and all further proceedings of Respondents with regard to the said post.

ii) Issue a Writ of Mandamus or any other Writ or Order directing the Respondents to regularize the services of the Petitioner as Assistant Law Officer with effect from 12.07.2012 i.e., the date of sanctioning of Time Scale along with all the allied Service benefits and other terminal benefits in accordance with the BESR AND Recruitment and Promotion Regulations including promotional opportunities on par with the permanent officers, in terms of Newspaper Notification and Directions of this Hon'ble Court in W.P.No.25142/2017 vide at ANNEXURE-T.

iii) Issue any other Writ, Order, Direction or Grant any other relief, as this Hon'ble Court deems fit and proper under the facts & circumstances of this case in the interest of justice and equity.”

2. A perusal of the material on record will indicate that on

10.09.2009, the respondents – MESCOM issued a News Paper Notification inviting applications for appointment of Assistant Law Officer to the respondents. The petitioner having submitted an application, attended the interview and was appointed to the post of Assistant Law Officer for a period of one year from 05.07.2010 and entered into an Agreement dated 12.07.2010 with the respondents, in pursuance of which, she gave up her independent practice as a lawyer / advocate. The service of the petitioner was extended from time to time on yearly basis by the respondents from 2011 to 2017 and the petitioner was provided with time scale applicable to an Assistant Executive Engineer and the contract was extended on account of the satisfactory performance of the petitioner. The details of the sanctioned post published from 2010 to 2017 showed the existence of one sanctioned post, against which, the petitioner was working with the respondents. Meanwhile, the petitioner made a repeated representations from 2012 till 2017 seeking grant / according of permanency benefits in her favour as per the aforesaid news paper Notific