IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE L. NARAYANA SWAMY WRIT PETITION NOS OF 2013 (S-RES)

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1 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 03 RD DAY OF JULY, 2013 BEFORE THE HON BLE MR. JUSTICE L. NARAYANA SWAMY WRIT PETITION NOS OF 2013 (S-RES) BETWEEN: 1. SRI SUBRAMANYA DESAI S/O C D HANUMANTHA RAO,,, 2. SRI S N DEVARAJ AGED ABOUT 57 YEARS S/O NARAYANA REDDY 3. SRI DEVI REDDY AGED ABOUT 40 YEARS S/O NAREPPA ASSISTANT EXECUTIVE ENGINEER M T DIVISION 4. SRI V JAYARAMI REDDY AGED ABOUT 53 YEARS S/O C VENKATA REDDY

2 2 I/A 5. SRI A KRISHNA RAO S/O S V APPU RAO 6. SRI G N JAGANATH AGED ABOUT 43 YEARS S/O H NAGAPPA 7. SRI P RAMAPRASAD S/O P AHOBALA SHASTRY 8. SRI H C VENKATESHAIAH S/O CHIKKARANGAIAH 9. SRI H MANJUNATHA NAIK S/O HANUMA NAIK

3 3 EXECUTIVE ENGINEER 10. SRI NARASIMHA BHATTA S/O C PADMANABHA BHATTA, 11. SRI N THIMMEGOWDA S/O VENKATEGOWDA GENERAL MANAGER 12. SMT RAJESHWARI B N AGED ABOUT 40 YEARS W/O B G NAGARAJA CIRLCE OFFICE TUMKUR SRI B S BRAMESH KUMAR AGED ABOUT 49 YEARS S/O B SHANTHARAJAIAH TRANSMISSION TUMKUR SRI BRAHMANANDA AGED ABOUT 61 YEARS

4 4 S/O MUDDUBYRAPPA RETIRED 15. SRI M THAKRAYA NAIK AGED ABOUT 47 YEARS S/O M KHUBALA NAIK ASSISTANT EXECUTIVE ENGINEER N3SDN, BASAVESHWARANAGAR 16. SMT HAFIZUNNISA M AGED ABOUT 36 YEARS D/O LATE MD HUSSAIN ASSISTANT ENGINEER HSR DIVISION 17. SRI M Y BHOVI AGED ABOUT 41 YEARS S/O YAMANAPPA HESCOM HUBLI SRI PRABHAKAR RAO S/O P NARAYANA RAO CONTROLLER OF ACCOUNTS KERC, M G ROAD BANGALORE SRI H K MADHUSUDAN S/O H S KRISHNAMURTHY

5 5 KPTCL CAUVERY BHAVAN 20. SRI H.G RAMESH S/O H S GOPAL ARAO KPTCL, CAUVERY BHAVAN 21. SMT B K GAYATHRI AGED ABOUT 41 YEARS W/O B S KRISHANPPA KPTCL, CAUVERY BHAVAN 22. SRI A G LAKSHMI W/O A K G MURTHY KPTCL, CAUVERY BHAVAN 23. SMT D R SULOCHANA W/O RAMEGOWDA CESC, MYSORE SRI R DINESH AGED ABOUT 55 YEARS S/O LATE RAMACHANDRA JOIS CESC MYSORE

6 6 25. SMT G RENUKA AGED ABOUT 44 YEARS W/O GANAPATHAIAH CESC MYSORE SMT POORNIMA AGED ABOUT 43 YEARS W/O G K SRINIVASAMURTHY CESC, MYSORE SMT S R ARUNA S/O K S RAMACHAR CESC, MYSORE SRI SHANTHAPPA AGED ABOUT 35 YEARS S/O RAMACHANDRAPPA OUGARI ASSISTANT EXECUTIVE ENGINEER GESCOM GULBARGA SRI V N RAMESH AGED ABOUT 41 YEARS S/O NARAYAN GOWDA GESCOM GULBARGA SRI T S HALESHAPPA AGED ABOUT 49 YEARS S/O T B SHEKARAPPA HESCOM HUBLI

7 7 31. SRI BHEEMARAYA METTAN AGED ABOUT 53 YEARS S/O SIDDARAMAPPA METTAN CONTROLLER OF ACCOUNTS GESCOM GULBARGA SRI S V PRABHU AGED ABOUT 50 YEARS S/O VASANTHA SIRSI, HESCOM HUBLI SRI S S HEGDE S/O SHANKARA SHIVAYYA HEGDE ASSISTANT SIRSI, HESCOM HUBLI SRI MAHADEVA AGED ABOUT 38 YEARS S/O PUTTAMADASHETTY HESCOM HASSAN SRI M B PATIL S/O LATE BANGIRAPPA GOWDA PATIL EXECUTIVE ENGINEER HESCOM HUBLI SRI N K UPADHYAYA AGED ABOUT 55 YEARS S/O M KRISHNA UPADHYAYA EXECUTIVE ENGINEER

8 8 HESCOM HUBLI SRI BHEMMAPPA CHINIGI S/O LATE KALLAPPA CHINIGI HESCOM,, HUBLI SRI G B MAHESH AGED ABOUT 44 YEARS S/O GURURAJ R BUDHYA HESCOM HUBLI SRI Y G NAIK AGED ABOUT 47 YEARS S/O GANAPATHI S NAIK SIRSI,HESCOM HUBLI SRI V G SARVESH AGED ABOUT 45 YEARS S/O GURUSIDDAPPA 41. SRI HIRIYANNA K T AGED ABOUT 41 YEARS S/O THIMMEGOWDA CONTROLLER OF ACCOUNTS TRAS ZONE,

9 9 42. SRI A H SRIDHAR S/O HANUMANTHA RAO TRAS ZONE, KPTCL 43. SRI NARAYANA REDDY S/O GOVINDA REDDY 44. SRI K B THIMMARAJU AGED ABOUT 56 YEARS S/O LATE BALAPPA ASSISTANT EXECUTIVE ENGINEER TUMKUR SRI KRISHNAPPA D N AGED ABOUT 46 YEARS S/O LATE D C NARASAPPA MW, TUMKUR SRI RAMAPPA AGED ABOUT 42 YEARS S/O NINGAPPA N MW, KPTCL ANANDA RAO CIRCLE 47. SRI PURUSHOTHAMA A.S AGED ABOUT 34 YEARS

10 10 S/O SHIVAPRASAD A H ASSISTANT ENGINEER KPTCL KOLAR SRI HARISH KUMAR R AGED ABOUT 29 YEARS S/O S RAMAPPA ASSISTANT EXECUTIVE ENGINEER HESCOM, HAVERI HUBLI SRI LAKSHMAPPA K AGED ABOUT 38 YEARS S/O PAKIREPPA ASSISTANT ENGINEER KPTCL, PARASHURANAPURA CHITRADURGA SRI RUTH GEORGE MIRAJKAR S/O GEORGE P&M, KPTCL 51. SRI ADIVAPPA AGED ABOUT 44 YEARS S/O ERAPPA ASSISTANT HESCOM DHARWAD SRI GURURAJ T ASSISTANT ENGINEER KOLAR

11 SRI HARISH BHARADWAJ H S AGED ABOUT 49 YEARS S/O H S SHIVASWAMY MESCOM, MANGALORE SRI RAMDAS AGED ABOUT 49 YEARS S/O GOPALAKRSIHNA DEPUTY GENERAL MANAGER 55. SRI GANGADHARA REDDY AGED ABOUT 50 YEARS S/O NEHA REDDY SOUTH CIRCLE 56. SMT JYOTHIRANI L S AGED ABOUT 31 YEARS W/O SHANKAR RAO ASSISTANT ENGINEER 57. SRI C R VIJAYADEV AGED ABOUT 59 YEARS S/O C R RAJARAM GENERAL MAANGER

12 SRI R JAYAKUMAR AGED ABOUT 46 YEARS S/O LATE M RAJEE SUPERINTENDING ENGINEER (ELEC), WEST CIRCLE 59. SRI PRABHAKARA S K AGED ABOUT 53 YEARS S/O KRISHNA D NAIDU EXECUTIVE ENGINEER (ELEC) CREDAL VIDHANA SOUDHA BANGALORE SRI JAYADWAKUMAR AGED ABOUT 58 YEARS S/O C S SABHANNA KPTCL MYSORE MS RAJESHWARI GANTHAD AGED ABOUT 30 YEARS D/O SRIKANTACHAR GANTHAD ASSISTANT ENGINEER 62. SRI RAJASHEKAR GANTHAD AGED ABOUT 31 YEARS S/O SRIKANTACHAR GANTHAD ASSISTANT ENGINEER S12 SUB - DIVISION

13 SRI T G RAMAKRISHNA AGED ABOUT 47 YEARS S/O T G GOVINDARAJU ASSISTANT EXECUTIVE ENGINEER (CIVIL) BRAZ, 64. SRI P MANJUNATH AGED ABOUT 46 YEARS S/O L C PARAMASHIVAIAH ASSISTANT EXECUTIVE ENGINEER (CIVIL) NORTH CIRCLE, 65. SMT SHOBHA C AGED ABOUT 35 YEARS S/O A S NAGABHUSHAN ASSISTANT ENGINEER (ELEC.) 66. SRI T V JAYENDRA S/O THAMANNA EXECUTIVE ENGINEER (ELEC.) KPTCL, 67. SRI A SURESH AGED ABOUT 54 YEARS S/O R A KRSIHNAN ASSISTANT EXECUTIVE ENGINEER (ELEC) BRAZ, 68. SRI B V NAGARAJA AGED ABOUT 49 YEARS, S/O.LATE B.V.VEERUPAKSHA,

14 14 ASSISTANT EXECUTIVE ENGINEER (CIVIL) BRAZ, 69. SRI H D RAMESH ASSISTANT EXECUTIVE ENGINEER (ELEC) 70. SRI UMESH ASSISTANT EXECUTIVE ENGINEER (ELEC) CESC, GUTTAHALLI MYSORE PETITIONERS (BY SRI SHANTHA KUMAR K.C, ADV.) AND: 1. THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED CAUVERY BHAVAN REPRESENTED BY ITS MANAGING DIRECTOR 2. THE DIRECTOR ADMINISTRATION AND HUMAN RESOURCES KARNATAKA POWER TRANSMISSION CORPORATION LIMITED,, CAUVERY BHAVAN. RESPONDENTS (BY SRI P.S.DINESH KUMAR, ADV.)

15 15 THESE WRIT PETITIONS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO SANCTION & GRANT TO THE PETITIONERS ADVANCE/ADDL INCREMENTS IN ACCORDANCE WITH THE BOARD ORDER DT , VIDE ANN-C, WITH EFFECT FROM THE RESPECTIVE DATES ON WHICH EACH OF THE PETITIONERS ACQUIRED THE ADDL. QUALIFICATION OF MASTER'S DEGREE IN BUSINESS ADMINISTRATION [MBA] MARKING AVAILABLE TO THEM ALL THE FINANCIAL BENEFITS FLOWING THEREFROM, WITHOUT BROOKING ANY DELAY IN THE MATTER. THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R The petitioners are working in the first respondent establishment at Bangalore. It is stated that they have acquired, M.B.A degree and sought for extension of three additional increments, which was not considered by the respondents. 2. Office has raised an objection that some of the petitioners are within the jurisdiction of Circuit Bench, Gulbarga and also Dharwad and they cannot maintain a petition before this Court. The learned counsel submits that since the petitioners are working in the establishment of the

16 16 first respondent which is in Bangalore and a common prayer is made by all of them, they can maintain petitions before this Court. Accepting the submission, petitions are entertained. 3. The first respondent has not disputed the fact of acquiring additional qualification by the petitioners. In respect of additional increments, it is submitted, their representations as per Annexures-Y & Z dated & would be considered in accordance with law. 4. In the circumstances, these writ petitions are disposed of directing the respondents to consider and pass appropriate order on Annexures-Y & Z dated & respectively in accordance with law within a period of three months from the date of receipt of copy of this order. AKD Sd/- JUDGE

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