IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NOS.17949-18007/2019(S-RES) BETWEEN:
1. B G JAGANNATH S/O LATE B GUNDAPPA AGED ABOUT 71 YEARS, RETIRED WORK INSPECTOR R/O NO.683 16TH MAIN 6TH CROSS SARASWATHIPURAM MYSORE -570 009.
2. B KARIYANNA S/O BEERANNA AGED ABOUT 67 YEARS, RETIRED WORK INSPECTOR R/O NO.208 8TH E MAIN NGEF LAYOUT 2ND A CROSS SADANANDA NAGAR BENGALURU-560 038.
3. M S VENKATESH S/O LATE M SUBRAMANYAN AGED ABOUT 66 YEARS, RETIRED WORK INSPECTOR R/O NO.522 3RD E MAIN HEALTH LAYOUT, SREEGANDADAKAVAL BENGALURU-560 091.
4. R NAGARAJU S/O LATE RAMAIAH AGED ABOUT 66 YEARS, RETIRED WORK INSPECTOR R/O NO.92/2-1, 4TH MAIN GOVINDARAJANAGAR BENGALURU-560 040.
5. P HANUMANTHARAYAPPA S/O LATE A M PILLAPPA AGED ABOUT 67 YEARS, RETIRED WORK INSPECTOR R/O NO.161/B MIRZA ROAD, SREE MANJUNATHA LAYOUT, ANEKAL POST BENGALURU-560 006.
6. CHOWDAIAH S/O LATE CHOWDAIAH P AGED ABOUT 67 YEARS RETIRED WORK INSPECTOR, R/O NO.120/7, 26TH CROSS, 6TH BLOCK, JAYANAGAR, BENGALURU-560083.
7. L. RAMASWAMY S/O LATE G LAKSHMINARAYANA SHASTRY AGED ABOUT 65 YEARS RETIRED WORK INSPECTOR, R/O NO.19/1, 2ND CROSS, LALBAGH SIDDAPURA, 1ST BLOCK, JAYANAGAR, BENGALURU 560 011.
8. HANUMANTHAPPA S/O HANUMAIAH AGED ABOUT 66 YEARS RETIRED WORK INSPECTOR, R/O NO.32, 7TH MAIN, 8TH CROSS ITTAMADU BSK III STAGE, BENGALURU 560 085.
9. DEVAIAH S/O LATE NANJUNDAIAH AGED ABOUT 71 YEARS RETIRED WORK INSPECTOR, R/O NO.14, 1ST MAIN, 2ND CROSS, MUNESHWARA LAYOUT, BENGALURU 560 079.
10. SHANKAR K S/O LATE L. KRISHNA AGED ABOUT 45 YEARS R/O NO.U-13, IST CROSS, DAYANAND NAGAR SRIRAMPURAM, BENGALURU 560 021.
11. SHIVARUDRAIAH S/O SIDDAIAH AGED ABOUT 58 YEARS JUNIOR WORK INSPECTOR, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER PWD, MANDYA 570 001.
12. K S PAPASHETTY S/O LATE SIDDAIAH AGED ABOUT 68 YEARS RETIRED WORK INSPECTOR R/O KALANAHALLI VILLAGE MANDYA DISTRICT – 570 001.
13. J LINGEGOWDA S/O LATE JAVAREGOWDA AGED ABOUT 76 YEARS RETIRED WORK INSPECTOR R/O NO 606/1, BASAVESHWARA FLOUR MILL R S ROAD, K R SAGAR SRIRANGAPATNA TALUK MANDYA DISTRICT – 570 001.
14. C L PUTTANAIAH S/O LATE LINGAPPA AGED ABOUT 77 YEARS RETIRED WORK INSPECTOR, R /O NO 665, K R SAGAR SRIRANGAPATNA TALUK MANDYA DISTRICT – 570 001.
15. M L LOKANATHAN S/O LATE M KUPPUSWAMY AGED ABOUT 74 YEARS RETIRED WORK INSPECTOR R/O NO 158, 5TH CROSS, VINAYAKA TENT ROAD, HOSAHALLI MANDYA – 570 001.
16. D RAMEGOWDA S/O LATE DOLLEGOWDA AGED ABOUT 71 YEARS RETIRED WORK INSPECTOR R/O NO 643 5TH CROSS, 2ND MAIN, LOKANAYAKANAGAR METAGALLI MYSORE – 570 016.
17. T GEORGE RAJ TILAK S/O LATE TITOS ISSAIAH AGED ABOUT 63 YEARS RETIRED JUNIOR WORK INSPECTOR OFFICE OF SPECIAL SUB DIVISION PWD RAMANGARA – 571 310.
18. SMT S B SHARADAMMA W/O LATE C NANJAPPA AGED ABOUT 65 YEARS RETIRED WORK INSEPCTOR R/O NO 4322/L22, 7TH CROSS, GANDHINAGAR MYSURU – 570 001.
19. ASHMATH PASHA S/O MD GHOUSE PEER AGED ABOUT 77 YEARS RETIRED WORK INSEPCTOR R/O NO 3118, CONVENT ROAD, LASHKAR MOHALLA MYSORE – 570 010.
20. A KRISHNAMURTY S/O LATE R ANANTHARAMAIAH AGED ABOUT 61 YEARS RETIRED JUNIOR WORK INSPECTOR OFFICE OF ASSISTANT EXECUTIVE ENGINEER NO II, BUILDING SUB DIVISION PWD NAZARBAD MYSORE – 570 010.
21. SIDDACHARI S/O KALACHARI AGED ABOUT 71 YEARS RETIRED WORK INSPECTOR R/O CHANDAKAVADI HOBLI CHAMARAJANAGAR – 571 342.
22. H BNAGARAJAPPA S/O HUGRAPPA AGED ABOUT 65 YEARS ASSISTANT WORK INSPECTOR RETD R/O NO 9, 8TH MAIN, 4D CROSS, A O HALLI MAGADI ROAD, BENGALURU – 560 079.
23. M KEMPARAMAIAH S/O LATE MUDDARAMAIAH AGED ABOUT 67 YEARS R/O NO 268/A, 7TH MAIN, 9TH BLOCK, II STAGE NAGARBHAVI BENGALURU – 560 072.
24. PUTTAMMA W/O LATE S C MANCHEGOWDA AGED ABOUT 69 YEARS R/O NO 3155, RPC LAYOUT, 13TH MAIN, VIJAYANAGAR BENGALURU – 560 040.
25. PHILOMINAMMA W/O LATE PUTTAPPA AGED ABOUT 70 YEARS R/O NO 250, 2ND CROSS, VILAPPA LAYOUT, CHELIKERI BENGALURU – 560 041.
26. B B SAROJAMMA W/O NAGARAJAPPA AGED ABOUT 70 YEARS R/O NO 4/108, NEW NO 686, KARNATAKA STATE EMPLOYEES LAYOUT BAGALUR ROAD, BENGALURU – 560 033.
27. R G VISHWANATHA S/O LATE GANGADHARAPPA AGED ABOUT 71 YEARS RETIRED WORK INSPECTOR R/O RANGAVANAHALLI B DURGA POST, HOLLAKERE TALUK CHITRADURGA TALUK – 577 526.
28. P B RAMACHANDRAPPA S/O LATE P BHEEMAPPA AGED ABOUT 72 YEARS RETIRED WORK INSPECTOR R/O 4TH CROSS, SHIVAMPPA BADAVANE BEHIND POLICE QUARTERS HOLLAKERE TALUK CHITRADURGA – 577 526.
29. M HANUMANTHAPPA S/O LATE RANGAPPA AGED ABOUT 72 YEARS RETIRED WORK INSEPCTOR R/O HORAKEDEVARAPURA HOLLAKERE TALUK CHTIRADURGA – 577 526.
30. B P NATARAJ S/O LATE B PARAMESHWARAPPA AGED ABOUT 71 YEARS RETIRED WORK INSPECTOR R/O V S HALLY POST, HOLLAKERE TALUK CHITRADURGA – 577 526.
31. K MUKUNDAPPA S/O LATE CHIKKAPPA AGED ABOUT 70 YEARS RETIRED WORK INSPECTOR R/O THARALABALU NAGAR, BEHIND LAND ARMY CHITRADURGA – 577 501.
32. V THIPPESWAMY S/O LATE VERABHADRAPPA AGED ABOUT 67 YEARS RETIRED WORK INSPECTOR R/O SHIVAMOGGA HOLALKERE TALUK CHITRADRUGA – 577 526.
33. K H RAMADAS S/O LATE K R HANUMANTHAPPA AGED ABOUT 71 YEARS R/O NO 156/1, 1ST CROSS, VIDYANAGAR HOSADURGA TALUK CHITRADURGA – 577 527.
34. SYED JAFFER S/O LATE SYED HUSSAIN AGED ABOUT 65 YEARS RETIRED WORK INSPECTOR R/O OFFICE OF AEE, PWD SUB DIVISION, HARIHAR TALUK DAVANGERE – 577 601.
35. K RAMA RAO S/O LATE RAJA RAO AGED ABOUT 67 YEARS RETIRED WORK INSPECTOR R/O 137/3/2 2ND MAIN, 3RD BLOCK, T R NAGAR BENGALURU – 560 028.
36. H RANGANATHE GOWDA S/O LATE HARI GOWDA AGED ABOUT 68 YEARS RETIRED WORK INSPECTOR R/37, 1ST FLOOR, 7TH MAIN SAHAKAR BHAVAN, NEAR MES SCHOOL KAMAKSHIPALYA, MEENAKASHI NAGAR BENGALURU – 560 079.
37. T KRISHNAMURTHY S/O.ALTE SEETHAPPA, AGED ABOUT 74 YEARS, RETIRED JUNIOR WORK INSPECTOR, R/O.NO.6, BUILDING SUB DIVISION, NRUPATHUNGA ROAD, BENGALURU-560 001.
38. SMT PADMA W/O.D.V.SRUESH, AGED ABOUT 64 YEARS JUNIOR WORK INSPECTOR (RETD.) NO.56/1, 6TH CROSS, VENKATESHWARA NILAYA, NANJAPPA LAYOUT, VIDYARANYAPURA, BENGALURU-560 097.
39. SMT PUTTATHAYAMMA W/O LATE SHANKARAPPA, AGED ABOUT 65 YEARS, JUNIOR WORK INSPECTOR, EXECUTIVE ENGINEER’S OFFICE, BUILDING SUB DIVISION, BENGALURU-560 002.
40. MARIJOSEPH S/O LATE ANTHAPPA, AGED ABOUT 67 YEARS, RETIRED JUNIOR WORK INSPECTOR, NO.8, BUILDING SUB DIVISION, NRUPATHUNGA ROAD, BENGALURU-560 001.
41. P KEMPEGOWDA S/O.PUTTEGOWDA, AGED ABOUT 67 YEARS, RETIRED JUNIOR WORK INSPECTOR, OFFICE OF ASST. EXECKUTIVE ENGINEER, NO.2, JALAMPANA SUB-DIVISION, K.R.SAGAR, PANDAVAPAURA TALUK, MANDYA DISTRICT-571 434.
42. PUTTARAJA SETTY S/O MARI SETTY AGED ABOUT 66 EYARS RETIRED JUNIOR WORK INSPECTOR OFFICE OF ASST. EXECUTIVE ENGINEER NO.2, JALAMPANA SUB DIVISION K R SAGAR, PANDAVAPURA TALUK MANDYA DISTRICT-571 434.
43. V AMBUJAMMA W/O LATE VENKATARAMAIAH AGED ABOUT 68 YEARS RETIRED JUNIOR WORK INSPECTOR OFFICE OF ASST. EXECUTIVE ENGINEER NO.3, K C SUB DIVISION, HULAHALLI NANJANGUD TALUK MYSURU DISTRICT-571 312.
44. B H RAMAIAH AGED ABOUT 68 YEARS RETIRED JUNIOR WORK INSPECTOR R/O NO.9, 17TH A CROSS BEHIND MARUTHI SCHOOL AGRAHARA DASARAHALLY MAGADI ROAD BENGALURU-560 079.
45. TALWAR SHIVAPPA S/O GADIGEPPA AGED ABOUT 64 YEARS JUNIOR WORK INSPECTOR (RETIRED) OFFICE OF ASST EXECUTIVE ENGINEER PWD & IWT SUB DIVISION NO.1 BELAGAVI, R/O PLOT NO.101 DR AMBEDKAR NAGAR BELAGAVI-590 001.
46. PATIL DHANPAL S/O JINNAPPA AGED ABOUT 67 YEARS JUNIOR WORK INSPECTOR (RETD) OFFICE OF ASST EXECUTIVE ENGINEER PWD & IWT SUB DIVISION NO.1 BELAGAVI, R/O HOUSE NO.324 BASAVANA KUDACHI BELAGAVI-590 001.
47. AYUB IMAMSAB NAIK S/o. IMAMSAB, AGED ABOUT 62 YEARS, JUNIOR WORK INSPECTOR (RETD), PWD AND IWT SUB DIVISION, NO. BELAGAVI-590 001.
48. NAIK IBRAHIM S/O. IMAMSAB, AGED ABOUT 65 YEARS, JUNIOR WORK INSPECTOR (RETD), PWD AND IWT SUB DIVISION NO. 1, BELAGAVI, R/O. PLOT NO. 3, VEERABHADRANAGAR, 1ST CROSS, BELAGAVI-590 001.
49. KUDABALE SIDDAPPA S/O. Y AMANAPPA, AGED ABOUT 67 YEARS, JUNIOR WORK INSPECTOR (RETD), PWD AND IWT SUB DIVISION NO. 1, BELAGAVI, R/O. PLOT NO. 21, SECTOR 2, SHIVABASAVA NAGAR, BELAGAVI 590 010.
50. KULKARNI GURURAJU S/O. HANUMANTARAO, AGED ABOUT 60 YEARS, JUNIOR WORK INSPECTOR (RETIRED), OFFICE OF ASST. EXECUTIVE ENGINEER, PWD AND IWT SUB DIVISION NO. 1, BELAGAVI, R/O. H. NO. 858, PATIL GALLI, PIRANAWADI. BELAGAVI-590 001.
51. APTEKAR PIRAJU S/O. MAHADEVI AGED ABOUT 66 YEARS, JUNIOR WORK INSPECTOR (RETD), OFFICE OF ASST. EXECUTIVE ENGINEER, PWD AND IWT SUB DIVISION NO. 1.
BELAGAVI, R/O. H. NO. 858, PATKIL GALLI, PIRANAWADI, BELAGAVI-590 001.
52. JAGAJAMPI SUBHASH S/O KALLAPPA AGED ABOUT 72 YEARS JUNIOR WORK INSPECTOR (RETD.) OFFICE OF ASST. EXECUTIVE ENGINEER PWD & IWT SUB DIVISION NO.1 BELAGAVI, R/O PLOT NO.204 VINAYAKA NAGAR, HINDALAGA ROAD BELAGAVI-590 001.
53. JAMBGI MALLIKARJUN S/O SHRIMANTAPPA AGED ABOUT 65 YEARS JUNIOR WORK INSPECTOR (RETD.) OFFICE OF EXECUTIVE ENGINEER PWD & IWT SUB DIVISION BAILHONGAL, R/O NO.H NO.705/B/16 SHETAGAR CHAL, BAILHONGAL BELAGAVI-591 102.
54. TIRAKANNAVAR BABU S/O BASAPPA AGED ABOUT 63 YEARS JUNIOR WORK INSPECTOR (RETD.) OFFICE OF EXECUTIVE ENGINEER PWD & IWT SUB DIVISION BAILHONGAL, R/O PLOT NO.598 KUMARASWAMI LAYOUT BOXIT ROAD BELAGAVI-590 001.
55. JAKKAPPAGOL KAREPPA S/O JAKKAPPA AGED ABOUT 62 YEARS JUNIOR WORK INSPECTOR (RETD.) OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER PWD & IWT SUB DIVISION HUKKERI, R/O PLOT NO.598 KUMARASWAMI LAYOUT BOXIT ROAD BELAGAVI-590 001.
56. PUTTASWAMAIAH S/O LATE GUNDAIAH SETTY AGED ABOUT 64 YEARS JUNIOR WORK INSPECTOR (RETD.) OFFICE OF ASST. EXECUTIVE ENGINEER PWD, NO.9, BUILDING SUB DIVISION K R CIRCLE, BENGALURU R/O NO.706, KUMARASWAMY EXTENSION, 1ST PHASE BENGALURU-560 078.
57. A K NAGARAJ S/O KESAVALU NAIDU AGED ABOUT 63 YEARS JUNIOR WORK INSPECTOR (RETD.) R/AT NO.29, 17TH MAIN 12TH B CROSS, IDEAL HOMES TOWNSHIP RAJARAJESHWARI NAGAR BENGALURU-560 098.
58. MUDDAPPA AGED ABOUT 75 YEARS JUNIOR WORK INSPECTOR (RETD. OFFICE OF ASST. EXECUTIVE ENGINEER PWD NO.6, SUB DIVISION K R CIRCLE, BENGALURU NO.367 1ST MAIN, KAMALA NAGAR BENGALURU-560 001.
59. H P RAJAGOPAL S/O LATE G PUTTARAJU AGED ABOUT 58 YEARS JUNIOR WORK INSPECTOR (RETD.) OFFICE OF ASST. EXECUTIVE ENGINEER NO.II, BUILDING SUB –DIVISION, PWD MYSORE-570 010. ... PETITIONERS (BY SRI. SWAMY M M, ADVOCATE) AND 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE STATE OF KARNATAKA REP BY ITS SECRETARY, KARNATAKA PUBLIC WORKS PORTS AND INLAND WATER TRANSPORT DEPARTMENT, VIKAS SOUDHA, VEEDHANA VEEDHI, BENGALURU-560 001.
3. THE UNDER SECRETARY KARNATAKA PUBLIC WORKS PORTS AND INLAND WATER TRANSPORT DEPARTMENT, M.S.BUILDING VEEDHANA VEEDHI, BENGALURU-560 001.
4. THE CHIEF ENGINEER (C AND B) PUBLIC WORKS DEPARTMENT, K.R.CIRCLE, BENGALURU-560 001. ... RESPONDENTS (BY SMT. M.S.PRATHIMA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.01.2019 PASSED BY THE R-2 VIDE ANNEXURE-H AND DIRECT THE RESPONDENTS TO FIX THE PAY SCALE AT RS.120-240 TO THE PETITIONERS.
THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In these writ petitions, petitioners have sought for quashing of Annexure-H, dated 29.01.2019 and further directed to fix their pay scale of Rs.120-240.
2. Undisputedly, the petitioners are employees under Karnataka Public Works, Ports and Inland Water Transport Department and they are the holders of the Civil Post. The Post held by them was part and parcel of the rules of recruitment of the Department which were issued under Article 309 Constitution of India read with the Karnataka State Civil Services Act, 1978. Therefore, writ petitions are not maintainable in view of the decision of Hon’ble Supreme Court in the case of L.Chandra Kumar Vs. Union of India reported in (1997) 3 SCC 261 read with Division Bench of this Court in the case of Shiva Prasad Biradar Vs. Karnataka Lokayuktha and others in Writ Appeal No.200715/2018 disposed off on 11.03.2019, held that grievance of the Government servants and related to a civil post, if any, will have to be agitated before the appropriate Tribunal.
Accordingly, petitions stand dismissed, reserving liberty to the petitioners to approach appropriate forum.
Sd/- JUDGE HA/-