Nandakumar v. Karnataka Power Transmission Corporation Limited

NC:(2026:KHC:4028( WP(No.(16307(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

RDDATED(THIS(THE(23 (DAY(OF(JANUARY,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(H.T.(NARENDRA(PRASAD( WRIT(PETITION(NO.(16307(OF(2025((S-RES)( BETWEEN:(( NANDAKUMAR, S/O,LATE,M,V,KUMAR, AGED,ABOUT,63,YEARS, RETIRED,AS,DRIVER,,KPTCL, JOG,FALLS,,SHIMOGA,DISTRICT,, R/AT,C/O.,N,GOPALAKRISHNA,, MF-7/8,,1ST,FLOOR,,SFHS,LAYOUT, BDA,FLATS,,BTM,2ND,STAGE, MICO,LAYOUT,,BANGALORE-76., …PETITIONER,

(BY,SMT.,RASHMI,K,,ADVOCATE,FOR,, SRI.,SUBRAMANYA,BHAT,M.,,ADVOCATE), AND:(

1., KARNATAKA,POWER,TRANSMISSION,,

CORPORATION,LIMITED, BY,ITS,MANAGING,DIRECTOR, Digitallytisignedtiby CAUVERY,BHAVAN,,BANGALORE-01, MALATHI CHALUVA0IYENGAR (A,GOVERNMENT,OF,KARNATAKA,, Location:0HIGH UNDERTAKING,,REGISTERED,, COURTOF UNDER,THE,COMPANIES,ACT)., KARNATAKA ,

2., THE,DIRECTOR,(ADMN,AND,HR),, KARNATAKA,POWER,TRANSMISSION,, CORPORATION,LIMITED, CAUVERY,BHAVAN,,BANGALORE-01., ,

3., CHIEF,ENGINEER,(ELE),, KPTCL,,TRANSMISSION,ZONE, KPTCL,,ROOM,NO.,203,,2ND,FLOOR, PRASARANA,BHAVANA,,SANTHEPET, B,M,ROAD,,HASSAN-573,201.,

¶4EXECUTIVE ENGINEER (ELE), KPTCL, 400 KV STATION AND SSM DIVISION THALAGUPPA, SAGARA TALUK-577430. …RESPONDENTS (BY SMT. RAKSHITHA D J., ADVOCATE FOR R1 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO ACCORD HIS APPROVAL TO THE PROPOSALS DATED

28.10.2023 AND 12.08.2023 (PRODUCED AS ANNEXURE -C AND C1) SENT BY R3 AND 4 WITH A FURTHER DIRECTION TO ALL THE RESPONDENTS TO TAKE SUITABLE STEPS TO PAY A SUM OF RS. 2,44,507/- TO THE PETITIONER WHICH BEING THE ARREARS OF PAY PAYABLE TO THE PETITIONER FOR THE PERIOD BETWEEN 1.12.2008 AND 30.06.2019 IN TERMS OF THE BOARD ORDER DATED 12.12.2008 (ANNEXURE-A) 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 H.T. NARENDRA PRASAD ORAL ORDER

¶1In this writ petition, the petitioner has sought following relief/s: "a. Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the second respondent to accord his approval to the proposals dated 28.10.2023 and 12.8.2023 (produced as Annexure-C and C1) sent by Respondent No.3 and 4 with a further direction to all the Respondents to take suitable steps to

pay a sum of Rs.2,44,507/- to the Petitioner, which being the arrears of pay payble to the Petitioner for the period between 1.12.2008 and

30.6.2019 in terms of the Board Order dated

12.12.2008 (Annexure-A), to meet the ends of Justice. b. Issue a writ of mandamus directing the Respondents to pay a sum of Rs.2,44,507/- to the Petitioner along with interest at the rate of 8% per annum from 1.12.2008 till the actual payment of the said amount, to meet the ends of Justice; c. Grant such other further relief as may deem fit in the circumstances of the case."

¶2The case of the petitioner is that he was appointed as a Driver in respondent No.1-Corporation on 05.10.1984. At the time of his appointment as Driver, his pay was fixed one stage below the pay scale attached to the post of Driver. In respect of a similarly situated person, namely Sri N.G. Prasanna Kumar, Junior Engineer, his pay was also fixed one stage below the pay scale attached to the

post of Junior Engineer. Therefore, N.G. Prasanna Kumar approached this Court in W.P.No.12230/1987, which came to be allowed, directing refixation of the pay scale. Being aggrieved by the said order, the Corporation filed an appeal in W.A.No.5607/1998, which came to be dismissed. Thereafter, the Corporation has filed an appeal in C.A.No.7763/2001 before the Apex Court. The Apex Court dismissed the appeal filed by the Corporation and confirmed the order passed by this Court. Hence, the present petitioner is seeking similar relief in this writ petition. The petitioner has also filed representations dated

21.12.2022 and 19.04.2023 before respondent No.3 vide Annexures-B and B1. Respondent No.3, by letter dated

26.10.2023, forwarded the same to respondent No.2 vide Annexure-C. Respondent No.3 also addressed a letter dated 18.12.2023 to respondent No.2 seeking approval to pay the amount to the petitioner, vide Annexure-C1. Till date, the respondents have not taken any action on the

representations of the petitioner. Therefore, the petitioner is before this Court in the present writ petition.

¶3Learned counsel appearing for respondent Nos.2 and 3 submits that the representations submitted by the petitioner will be considered in accordance with law, if this Court grants some reasonable time.

¶4In view of the above, without expressing any opinion on the merit of the case, the writ petition is disposed of.

¶5Respondent Nos.2 and 3 are directed to consider the representations dated 21.12.2022 and 19.04.2023 vide Annexures-B and B1, keeping in view of recommendation made by respondent No.3 vide Annexures-C and C1, in accordance with law, as expeditiously as possible, not later than two months from date of receipt of copy of this order.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

HA LIST NO.: 1 SL NO.: 50