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2017 DIGILAW 532 (KAR)

H. B. Ishwarappa v. Karnataka Power Transmission Corporation Ltd.

2017-03-01

A.N.VENUGOPAL GOWDA

body2017
ORDER : A.N. Venugopala Gowda, J. The petitioners along with others were absorbed into the services of Karnataka Electricity Board w.e.f. 1.7.1981. They completed three years of service as on 30.6.1981. The workmen in the office of Executive Engineer, Karnataka Electricity Board having raised a dispute was registered as AID. No. 5/1984 and an award dated 12.2.1996 was passed by the Additional Industrial Tribunal, Bangalore. Said award was assailed by the management in WP.27711/1997. By an order dated 5.11.1997, as at Annexure-C, it was held that the award impugned in the writ petition is not liable to be interfered with and consequently, the petition was dismissed. The same led to filing of WA. No. 159/1998 by the management. By a judgment dated 19.8.1988, as at Annexure-D, appeal was dismissed as having no merit. 2. Sri J.K. Kariaiah, whose name appears at SI. No. 11 in the Official Memorandum dated 30.9.1987 as at Annexure-A having sought fixation of pay due to preponement of date of absorption, the official Memorandum dated 20.7.2009 as at Annexure-J was issued and approval was accorded for preponement of date of entry into service from 1.7.1981 to 1.7.1979. The said benefit was extended by making reference to the judgment passed in WA. No. 159/1998. The consequential service benefits have been betowed on the said person with reference to date of absorption, i.e., 1.7.1979 by re-fixation of his pay. 3. The petitioners having sought extension of service benefits on par with Sri J.K. Kariaiah, whose case was favourably considered vide the order as at Annexure-J and the endorsements vide Anncxures-K1 to K9 having been issued, these petitions are filed to quash the said endorsements and direct the respondents to consider the representation submitted vide Annexure-L. 4. Heard the learned advocates and perused the record. 5. The petitioners have alleged discriminated treatment by the respondents in the matter of fixation of the date of absorption. According to the petitioners, there is hostile discrimination by the respondents. When the case is considered in the light of the Official Memorandum at Annexure-J, whereby Sri J.K. Kariaiah who was absorbed along with the petitioners vide Anncxure-A, has now stood absorbed w.e.f. 1.7.1979, i.e., as against the absorption shown in Annexure-A w.e.f. 1.7.1981. Though a specific allegation has been made in the writ petition with regard to discrimination, there is no rebuttal by the respondents in the statement of objections filed. Though a specific allegation has been made in the writ petition with regard to discrimination, there is no rebuttal by the respondents in the statement of objections filed. Even otherwise, Sri J.K. Kariaiah having been absorbed along with the petitioners vide the Official Memorandum as at Annexure-A, the case of the petitioners ought to have been examined by keeping in view the benefits extended to Sri J.K. Kariaiah as per the Official Memorandum dated 20.7.2009 as at Annexure-J. 6. The impugned endorsements are bald. The grievance of the petitioners has not been considered particularly with reference to the Official Memorandum as at Annexure-J. 7. In the circumstances, writ petitions are allowed and the impugned endorsements as at Annexures-K1 to K9 quashed. Respondents are directed to consider afresh the grievance of the petitioners as staled in Annexure-L by keeping in view the Official Memorandum as at Annexure-J - The outcome of the consideration be made known to the petitioners within a period of two months from the date a copy of this order is produced before the respondents-authority concerned.