CCC/1538/2025 of SRI SHIVASWMAY Vs SRI VENKATESHA T on 29 September 2026

ORDER

DATED 16.07.2025 PASSED BY THIS HON'BLE COURT IN W.P.NO.3040/2020 (S-KSRTC) VIDE ANNEXURE-A AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT MAY BE PLEASED TO PASS IN THE CIRCUMSTANCES OF THE CASE.

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THIS APPEAL ALONG WITH CCC, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

Despite service of notice, the respondent has chosen not to appear either in person or through counsel, and he is therefore set ex parte.

2. Heard Smt. Renuka H.R., learned counsel for the appellant-Karnataka State Road Transport Corporation.

3. The present intra-court appeal has been filed impugning the judgment and order dated 16.07.2025 passed by the Writ Court in W.P. No.3040/2020, which was filed by the respondent.

4. The respondent was appointed as a conductor. He sought a voluntary transfer on 01.09.2001 from the Mysuru Urban Division to the Mysuru Rural Division of the appellant- corporation. This request of the respondent was acceded to,

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and he was transferred to the Mysuru Rural Division. Subsequently, the respondent made a representation on 04.12.2018 seeking to restore his seniority on par with one Mahadeva, who was also a conductor.

5. According to the respondent, Mahadeva was transferred under similar circumstances but was granted seniority as per his position in the original seniority list and in accordance with his date of appointment.

6. The said representation dated 04.12.2018 was rejected vide an order dated 13.02.2019 passed by the corporation, on the ground that an employee of the corporation seeking a voluntary transfer would not be entitled to their original seniority as per Regulation 13(4)(iii) of the Karnataka State Road Transport Corporation Cadre and Recruitment Regulations, 1982.

7. This order of the corporation was challenged by the respondent in W.P.No.3040/2020. The Writ Court, vide the impugned order, allowed the writ petition in part, quashed the endorsement dated 18.02.2019, and directed the appellant-

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corporation to grant all benefits, including seniority, to the respondent by treating his transfer as transfer on administrative grounds.

8. Smt. Renuka H.R., learned counsel for the appellant-corporation, has made two primary submissions:

i. The respondent was transferred way back on 01.09.2001, yet he claimed seniority for the first time vide a representation dated 04.12.2018. Therefore, such a belated claim ought not to have been considered, and the writ petition should not have been entertained.

ii. She further submits that, even otherwise, the respondent is not entitled to his original seniority as per Regulation 13(4)(iii) of the Cadre and Recruitment Regulations employees transferred to another division on request are entitled to seniority in the post held by them on such transfer only from the date on which they report to the division to which they are transferred. Therefore, the respondent was not entitled to retain his original seniority, but he is only entitled to seniority in the Mysuru Rural Division from the date he assumed charge.

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9. We have considered the submissions of Smt. Renuka H.R., learned counsel for the appellant-corporation.

10. When the regulation itself provides that upon voluntary transfer, an employee is entitled to seniority from the date they assume charge in that division and not their original position, the rule must prevail. It is not in dispute that the respondent was transferred on his own request. Therefore, he would be entitled to seniority only from the date he assumed charge in the Mysuru Rural Division in accordance with the provisions of the KSRTC Cadre and Recruitment Regulations. The said regulation reads as under:

"Normally the employees holding division wise post will be considered for promotion under these regulations in respect of promotional vacancies in the divisionwise post in their respective divisions only. In respect of the employees who are transferred from one division to another on administrative grounds the entire service rendered by them in the division from which they are transferred shall count for seniority in the division to which they are transferred. Such transfers shall be restored to sparingly. The employees who are transferred to another division on request shall take seniority in the post held by them

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on such transfer from the date on which they report in the division to which they are transferred."

11. When the respondent never challenged his seniority after 01.09.2001 and only made a representation after 17 long years, the said delayed claim of seniority could not have been entertained. We are, therefore, of the view that the impugned order passed by the Writ Court is unsustainable. Consequently, we allow this appeal and set aside the impugned order passed by the Writ Court.

12. In view of the order passed today in this Writ Appeal, the connected contempt petition No.1538/2025 does not survive and is accordingly dismissed.

Sd/-

(D K SINGH) JUDGE

Sd/- (H.SHANTHI BHUSHAN) JUDGE

RKA CT:SN List No.: 2 Sl No.: 5