Writ Appeal No. 1039 of 2016 · The High Court
Case Details
- 1 - NC: 2025:KHC:21386-DB WA No. 1039 of 2016 C/W WA No. 3473 of 2016 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT APPEAL NO. 1039 OF 2016 (S-KSRTC) C/W WRIT APPEAL NO. 3473 OF 2016 (S-KSRTC) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA IN WA NO. 1039/2016 BETWEEN: 1. SMT.D.SHAILAJA W/O SRI.S.RANGASWAMY, AGED ABOUT 45 YEARS, WORKING AS ASSISTANT STATISTICAL OFFICER, BMTC, DIVISION OFFICE, NORTH DIVISION, YESHAVANTHAPURA, BENGALURU-560022. 2. SRI.SHABBIR A BEELAGI S/O ABBASAHEB BEELAGI AGED ABOUT 42 YEARS, WORKING AS ASSISTANT STATISTICAL OFFICER, NWKRTC, CENTRAL OFFICE, GOKULA ROAD, HUBLI-580030.
Legal Reasoning
3. SRI. A. SUDHEENDRA S/O A.R. ACHUTHA RAO AGED ABOUT 51 YEARS, WORKING AS ASSISTANT STATISTICAL OFFICER, BMTC, CENTRAL OFFICE, K.H.ROAD, SHANTHINAGAR, BENGALURU-560027. - 2 - NC: 2025:KHC:21386-DB WA No. 1039 of 2016 C/W WA No. 3473 of 2016 HC-KAR 4. SRI.S.PRASANNA KUMAR S/O LATE B SHIVARAMAIAH AGED ABOUT 51 YEARS, WORKING AS ASSISTANT STATISTICAL OFFICER, KSRTC, CENTRAL OFFICE, K.H.ROAD, SHANTINAGAR, BANGALORE-560027. 5. SRI KANAKAPPA BANGARI S/O HANUMAPPA AGED ABOUT 54 YEARS, WORKING AS ASSISTANT STATISTICAL OFFICER, NEKRTC, DIVISIONAL OFFICE, KOPPAL DIVISION, KOPPAL, SIMPI LINGANNA ROAD, NEAR TOWN POLICE STATION, KOPPAL, BELLARY DISTRICT-583101. 6. SRI.P.S.HULAGANNAVAR S/O SIDDAPPA AGED ABOUT 53 YEARS, WORKING AS ASSISTANT STATISTICAL OFFICER, NWKRTC, DIVISIONAL OFFICE, HAVERI DIVISION, NEAR RTO OFFICE, HAVERI-581110. (BY SRI. MUKKANNAPPA S. B., ADV.) …APPELLANTS AND: 1. THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICES, K.H.ROAD, SHANTHINAGAR, BENGALURU-560027. 2. THE GENERAL MANAGER (PERSONNEL) KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICES, K.H.ROAD, SHANTHINAGAR, BENGALURU-560027. - 3 - NC: 2025:KHC:21386-DB WA No. 1039 of 2016 C/W WA No. 3473 of 2016 HC-KAR 3. SRI P ISMAIL S/O N IBRAHIM, AGED ABOUT 41 YEARS, WORKING AS ASSISTANT STATISTICAL OFFICER, KSRTC, B C ROAD DEPOT PUTTUR DIVISION AND R/AT MONABBA HAJI COMPOUND, NAVOOR POST, BANTWALA TALUK, MANGALORE-575001. 4. SRI SREEDHARA J.V. S/O VENKATACHALAPATHI G., AGED ABOUT 38 YEARS, WORKING AS ASSISTANT STATISTICAL OFFICER, KSRTC, DIVISIONAL OFFICE, KOLAR AND R/AT JANGAMAKOTE, SHIDLGHATTA TALUK, CHIKKABALLAPUR DISTRICT, PIN:562 102. 5. SMT. SAVITHRI W/O SRI. KRISHNAMURTHY HANDE, AGED ABOUT 38 YEARS, WORKING AS ASSISTANT STATISTICAL OFFICER, KSRTC, CENTRAL OFFICE, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027 AND R/AT KSHITEESHA NO.77, BALAJI LAYOUT, SINGAPUR VILLAGE, BANGALORE-560097. (BY MS. H R RENUKA, ADV. FOR R1 & R2 SRI M SUBRAMANYA BHAT, ADV. FOR C/R4 AND ALSO FOR R3 AND R5) …RESPONDENTS THIS APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 6698-6700/2014 DATED 24/03/2016. - 4 - NC: 2025:KHC:21386-DB WA No. 1039 of 2016 C/W WA No. 3473 of 2016 HC-KAR IN WA NO. 3473/2016 BETWEEN: 1. KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027, REP. BY ITS MANAGING DIRECTOR NOW BY ITS BY CHIEF LAW OFFICER. 2. THE GENERAL MANAGER (PERSONNEL), KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICES, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027. NOW REP. BY ITS CHIEF LAW OFFICER. (BY MS. RENUKA H. R., ADV.) AND: 1. P ISMAIL S/O N IBRAHIM, ...APPELLANTS AGED ABOUT 41 YEARS, WORKING AS ASSISTANT STATISTICAL OFFICER, (PRESENTLY POSTED AS DEPOT. MANAGER) KSRTC, B. C. ROAD DEPOT., PUTTUR DIVISION AND R/AT MONABBA HAJI COMPOUND, NAVOOR POST, BANTWALA TALUK, MANGALORE-575 001. 2. SREEDHARA J.V. S/O VENKATACHALAPATHI.G, AGED ABOUT 38 YEARS, WORKING AS ASSISTANT STATISTICAL OFFICER, KSRTC, DIVISIONAL OFFICE, KOLAR AND R/AT JANGAMAKOTE, SHIDLGHATTA TALUK, CHIKKABALLAPUR DISTRICT-562 102. 3. SMT. SAVITHRI W/O SRI.KRISHNAMURTHY HANDE, AGED ABOUT 38 YEARS, - 5 - NC: 2025:KHC:21386-DB WA No. 1039 of 2016 C/W WA No. 3473 of 2016 HC-KAR WORKING AS ASSISTANT STATISTICAL OFFICER, KSRTC, CENTRAL OFFICE, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027 R/O KSHITEESHA NO.77, BALAJI LAYOUT, SINGAPUR VILLAGE, BANGALORE-560 097. 4. SMT. D. SHAILAJA W/O SRI. S. RANGASWAMY, AGED ABOUT 45 YEARS WORKING AS ASSISTANT STATISTICAL OFFICER, BMTC, DIVISION OFFICE, NORTH DIVISION, YESHAVANTAPURA, BANGALORE-560 022. 5. SRI. SHABIR A BEELAGI AGED ABOUT 42 YEARS WORKING AS ASSISTANT STATISTICAL OFFICER, NWKRTC, CENTRAL OFFICE, GOKULA ROAD, HUBLI-580 030. 6. SRI. A. SUDHEENDRA AGED ABOUT 51 YEARS WORKING AS ASSISTANT STATISTICAL OFFICER, BMTC, CENTRAL OFFICE, K.H. ROAD, SHANTINAGAR, BANGALORE-560 027. 7. SRI. S. PRASANNA KUMAR AGED ABOUT 51 YEARS WORKING AS ASSISTANT STATISTICAL OFFICER KSRTC, CENTRAL OFFICE, K.H. ROAD, SHANTINAGAR, BANGALORE-560 027. 8. SRI. KANAKAPPA BANGARI AGED ABOUT 54 YEARS WORKING AS ASSISTANT STATISTICAL OFFICER NEKRTC, DIVISIONAL OFFICE KOPPAL DIVISION, KOPPAL, SIMPI LINGANNA ROAD, NEAR TOWN POLICE STATION, KOPPAL, BELLARY DISTRICT-583101. - 6 - NC: 2025:KHC:21386-DB WA No. 1039 of 2016 C/W WA No. 3473 of 2016 HC-KAR 9. SRI. P.S. HULAGANNAVAR, AGED ABOUT 53 YEARS WORKING AS ASSISTANT STATISTICAL OFFICER, NWKRTC, DIVISIONAL OFFICE, HAVERI DIVISION, NEAR RTO OFFICE, HAVERI-581 110. (BY SRI M SUBRAMANYA BHAT, ADV. FOR R1-R3 SRI S.B. MUKKANNAPPA, ADV. FOR R4-R9) ...RESPONDENTS THIS APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
Decision
ORDER PASSED IN THE WRIT PETITION 6698-6700/2014 DATED 24.03.2016. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The above two appeals filed under Section 4 of the Karnataka High Court Act, 1961 are directed against the order of the learned Single Judge dated 24.03.2016 in W.P.Nos.6698-6700/2014 whereby the impugned endorsements were quashed and also seniority list placing the petitioners below the private respondents dated - 7 - NC: 2025:KHC:21386-DB WA No. 1039 of 2016 C/W WA No. 3473 of 2016 HC-KAR 21.01.2014 (Annexure-J) is also quashed with a further direction to respondents No.1 and 2 to issue fresh final seniority list of Assistant Statistical Officers Grade-II as on 01.01.2013 in the light of the observations made in the course of the order. 2. Heard Smt.H.R.Renuka for appellants-Karnataka State Road Transport Corporation (for short “Corporation”) in W.A.No.3473/2016, learned counsel Sri.S.B.Mukkannappa for appellants in W.A.No.1039/20216 who were private respondents No.3 to 8 in the writ petition and learned counsel Sri.Subramanya Bhat for petitioners, who are respondents in the present appeal. Perused the entire writ appeal papers. 3. A perusal of the impugned order, it is seen that the learned single judge quashed the seniority list in the cadre of Assistant Statistical Officers Grade-II dated 21.01.2014 solely on the ground that the quota rule had broken down. In that, there was no promotion between 1999 to 2011. It - 8 - NC: 2025:KHC:21386-DB WA No. 1039 of 2016 C/W WA No. 3473 of 2016 HC-KAR is to be noted that the petitioners/direct recruitees were appointed as Assistant Statistical Officers Grade-II on 30.11.1999 with rural weightage and they were reappointed on 13.11.2003 on their termination in view of the Government Order, whereas the promotees were promoted to the post of Assistant Statistical Officers Grade-II on 24.08.2011. 4. Learned counsel for the appellant-KSRTC Smt.H.R.Renuka has filed memo dated 19.06.2025 wherein it is indicated that in pursuance of carving out separate Corporations such as KSRTC, BMTC, NWKRTC and NEKRTC, on providing option, the private respondents have opted to BMTC, NEKRTC and NWKRTC respectively and the private respondents are no more in KSRTC and only the petitioners who are direct recruitees have continued in KSRTC as Assistant Statistical Officers Grade-II. 5. In view of the fact that the private respondents have gone out of KSRTC to other sister Corporations, the - 9 - NC: 2025:KHC:21386-DB WA No. 1039 of 2016 C/W WA No. 3473 of 2016 HC-KAR dispute between the direct recruitees and promotees would no more exists. It is submitted during the course of hearing, that the seniority of Assistant Statistical Officers Grade-II is maintained separately in each of the Corporation. The next promotional post to Assistant Statistical Officers Grade-II is to the post of Statistical Officers. That the said Statistical Officer is also a post within the respective Corporation and those posts are to be filled up from the cadre of Assistant Statistical Officers Grade-II in the respective Corporations. 6. In view of the above subsequent developments, the question of deciding seniority between direct recruitees and promotees in the cadre of Assistant Statistical Officers Grade-II would not arise. 7. Learned counsel Sri.Subramanya Bhat appearing for the petitioners/direct recruitees would submit that their seniority is to be counted from the date of their entry into service, to which the learned counsel Smt.H.R.Renuka for respondent-Corporation opposes. - 10 - NC: 2025:KHC:21386-DB WA No. 1039 of 2016 C/W WA No. 3473 of 2016 HC-KAR 8. In the peculiar facts of the case as there are no promotees in the cadre of Assistant Statistical Officers Grade-II in the present KSRTC, the seniority of direct recruitees shall have to be counted from the date of their entry into service which would not prejudice the seniority of any other officers in that cadre. 9. With the above observations, both the writ appeals stand disposed of. In view of disposal of the writ appeals, it is open for the respondent-KSRTC to effect promotions if the petitioners or respondents are eligible for further promotion. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MPK CT:bms List No.: 1 Sl No.: 20