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Karnataka High Court · body

2009 DIGILAW 694 (KAR)

Kaleel Ahmed v. Managing Director, KPTCL, Bangalore

2009-09-01

RAM MOHAN REDDY

body2009
Judgment : Ram Mohan Reddy, J The petitioners claim to be employed on compassionate appointment in ‘D’ Group of the respondent- Karnataka Power Transmission Corporation Limited (for short ‘KPTCL’), alleging that certain persons with qualification less than that of the petitioners were appointed on compassionate appointment against ‘C’ Group, made representations Annexures-J to J5 to change their employment from ‘D’ Group to ‘C’ Group based on their qualification, which when not responded to by the KPTCL, have preferred these petitions for a writ of mandamus. 2. A writ of mandamus is not a writ of right to be granted for the mere asking of the petitioners. If the petitioners have a grievance over appointments made on compassionate grounds, either in Group-C or Group-D based upon qualification, being purely questions of fact have to be decided only after a trial and cannot be conveniently adjudicated in a writ proceeding. The petitioners have an alternate and efficacious remedy of raising an industrial dispute under the provisions of the Industrial Disputes Act, 1947 and therefore, I decline to interface. The writ petitions are accordingly rejected.