High CourtsSingle Bench(2009) 09 KAR CK 0018

Kaleel Ahmed and Others vs The Managing Director, KPTCL and Another

Karnataka High Court · Decided on 1 September 2009 · Citation: (2010) 2 KCCR 1359

HON’BLE JUDGES
Ram Mohan Reddy, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No''s. 81729-733 of 2009

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Judgment

3 paragraphs · 178 words

Ram Mohan Reddy, J.—The petitioners claim to be employed on compassionate appointment in ''D'' Group of the respondent-Karnataka Power Transmission Corporation Limited (for short ''KPTCL''), alleging that certain persons with qualification less than that of the petitioners were appointed on compassionate appointment against ''C Group, made representations Annexures-J to J5 to change their employment from ''D'' Group to ''C'' Group based on their qualification, which when not responded to by the KPTCL, have preferred these petitions for a writ of mandamus.

2.

A writ of mandamus is not a writ of right to be granted for the mere asking of the petitioners. If the petitioners have a grievance over appointments made on compassionate grounds, either in Group-C or Group-D based upon qualification, being purely questions of fact have to be decided only after a trial and cannot be conveniently adjudicated in a writ proceeding. The petitioners have an alternate and efficacious remedy of raising an industrial dispute under the provisions of the Industrial Disputes Act, 1947 and therefore, I decline to interfere.

The writ petitions are accordingly rejected.