AI Structured Summary
Not yet generated for this judgment
Judgment
L. Narayana Swamy, J.—In these writ petitions, the petitioners have prayed for a writ in the nature of certiorari to quash the order dated 19.04.2012 bearing No. KPTCL/IR/SA7/19852/10-11 passed by the 3rd respondent at Annexure "A" and issue writ of mandamus directing the respondents to absorb the services as Probationary Mazdoors.
I have heard the learned counsels appearing on both the side and perused the entire writ papers.
Petitioners state that they were appointed as Gangmen in the year 1999-2000 and in the year 2004 their services were considered and they were converted as Bill Distribution Boys. In the year 2009 gangmen were converted into probationary mazdoors and about 7528 gangmen were absorbed as probationary Mazdoors by the respondent by absorbing the services of some the gangmen/bill collectors, but these petitioner''s case has not been considered and the respondents continued the services of these petitioners since 1999 till today without absorption which is arbitrary.
Respondent Corporation addressed a letter to the Government of Karnataka in No. KPTCL/MD/PS/2003-04 dated 13.11.2003 seeking approval of the scheme for absorption of the services of the converted gangmen. The respondent, the Principal Secretary to Government, Energy Department, Government of Karnataka in its letter No. DE172EEB 2003 dated 25.02.2004 addressed a letter to the Managing Director, KPTCL, Cauvery Bhavan and considered that the scheme considered by the respondent Corporation in the letter dated 13.11.2003 has been approved with 3 conditions.
Learned counsel for the petitioners submits that petitioners assert to have put in more than 6 years of service, discharging their duties as Bill-Distributors, this factual aspect is denied by the respondent, KPTCL. These petitioners come under this stipulation and there needs to be absorption for having served from 1999 till today with all monetary benefits. The action of the respondents in rejecting the claim of the petitioners and absorbing the services of the similarly situated persons is in violation of Articles 14 and 16(1) of the Constitution of India. Hence he submits to issue necessary directions to the respondents to consider the claim of the petitioners.
Learned counsel for the respondents No. 1, 2 and 3 though served remained unrepresented and not filed any objections. Learned counsel for the respondent No. 4 represented.
It is undisputed fact that petitioners are working since 1999-2000 till today and it is also undisputed fact reading of Annexure-B by the Principal Secretary to Government, Energy Department, Government of Karnataka, Bangalore to the Managing Director, Karnataka Power Transmission Corporation Limited, Kavery Bhavan, Bangalore approving the scheme suggested by the respondent Corporation in letter No. KPTCL/MD/PS/2003-04 dated 13.11.2003. The absorption has been made for the gangmen. When the similarly situated persons are granted permission on the basis of the approval of the scheme made by Government of Karnataka, the respondent Corporation should not make any differentiation and classification from among the persons who are covered by the 3 conditions in the letter dated 25.02.2004. Entire List of the persons who are working as bill collectors who were converted from gangmen as on 01.04.2003 has been produced and petitioners names find a place therein. It is to be mentioned that similar person by name Ravikumar has been absorbed on 7.04.2014. Under these circumstances continuing the petitioners without absorption despite Government notice to the respondent Corporation is illegal and unconstitutional.
In the light of the above respondent Corporation is directed to reconsider the case of these petitioners and to pass appropriate orders in accordance with law within the time frame of three months from the date of receipt of copy of this order. While passing the appropriate orders of absorption, consideration has to be made by taking notice of the list produced at Annexure-J in which the respondent Corporation converted the posts of the petitioners from gangmen to Bill collectors in 2003 itself.
Accordingly, petitions are hereby disposed of.