IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD W.P.Nos.9686-9690/2019 AND W.P.Nos.11024-11033/2019 (S-KSAT) BETWEEN:
1. I.K. VISHWAS S/O. KRISHNEGOWDA I.H., AGED ABOUT 33 YEARS, ASSISTANT ENGINEER IN THE OFFICE OF ASSISTANT DIRECTOR OF TOWN PLANNING, BBMP, RR NAGAR, BENGALURU RESIDING AT FLAT NO.408, KUMARA PARADISE APARTMENT, BP WADIA ROAD, BASAVANAGUDI, BENGALURU – 560 004.
2. VARUNKUMAR M.J.
S/O. JAVAREGOWDA M.B., AGED ABOUT 34 YEARS, ASSISTANT ENGINEER, OFFICE OF AEE, PWD, PERIYAPATNA SUB-DIVISION, RESIDING AT NO.384, B BLOCK, III STAGE, VIJAYANAGAR, MYSURU – 570 017.
3. K.B. DEVARAJAIAH S/O. BYRASETTY, AGED ABOUT 44 YEARS, ASSISTANT ENGINEER, BBMP PROJECT OFFICE, BENGALURU R/AT NO.246/11, 67TH CROSS, 5TH BLOCK, RAJAJINAGAR, BENGALURU – 560 010.
4. SIDDARAJEGOWDA B.S. S/O. SIDDAIAH, AGED ABOUT 34 YEARS, ASSISTANT ENGINEER, BBMP PROJECT OFFICE BENGALURU, R/AT NO.148, 2ND CROSS, SHARAVATHI ROAD, C M EXTENSION, KYATHASANDRA, TUMAKURU – 572 104.
5. GANGALAKSHMI M.N. W/O. VENKATESH G.M., AGED ABOUT 33 YEARS, ASSISTANT ENGINEER, O/O. EXECUTIVE ENGINEER, NO.2, BUILDING DIVISION, K.R. CIRCLE, BENGALURU – 560 001.
6. SUPRIYA W/O. SANTHOSH C.V. AGED ABOUT 36 YEARS, ASSISTANT ENGINEER, O/O. EXECUTIVE ENGINEER, NO.2, BUILDING DIVISION, K.R. CIRCLE, BENGALURU – 560 001.
7. PRAVEEN B.A.
S/O. LATE ANANTARAJU, AGED ABOUT 37 YEARS, ASSISTANT ENGINEER, O/O. CHIEF ENGINEER, SHDP, K.R. CIRCLE, BENGALURU – 560 001.
8. PURUSHOTHAMA K.M. S/O. MARIGOWDA, AGED ABOUT 35 YEARS, ASSISTANT ENGINEER, O/O. AEE, NORTH SUB-DIVISION, K.R. CIRCLE, BENGALURU – 560 001.
9. K.S. VIJAY KUMAR S/O. G. SUBBA REDDY, AGED ABOUT 35 YEARS, ASSISTANT ENGINEER, O/O. AEE, MARUTHI SEVA NAGAR SUB-DIVISION, BBMP, ULSOOR, BENGALURU – 560 008.
10. CHANDREGOWDA H.C.
S/O. CHIKKANNA, AGED ABOUT 35 YEARS, ASSISTANT ENGINEER O/O. ASSISTANT EXECUTIVE ENGINEER, NO.6, BUILDING SUB-DIVISION, K.R. CIRCLE, BENGALURU – 560 001.
11. GNANESH KUMAR V.P. S/O. LATE V.C. PRAKASH, AGED ABOUT 37 YEARS, ASSISTANT ENGINEER, O/O THE CHIEF ENGINEER, C & B (S), K.R. CIRCLE, BENGALURU – 560 001.
12. MURALI S/O. KRISHNA REDDY, AGED ABOUT 34 YEARS, ASSISTANT ENGINEER, O/O. CHIEF ENGINEER, C & B (S), PWD, K.R. CIRCLE, BENGALURU – 560 001.
13. B. JAYAPRAKASH S/O. B. BORAIAH, AGED ABOUT 35 YEARS, ASSISTANT ENGINEER, O/O. AEE, NO.3 BUILDING SUB-DIVISION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU – 560 001.
14. KOMAL H.R.
W/O. SUDHEER, AGED ABOUT 34 YEARS, ASSISTANT ENGINEER, O/O. EXECUTIVE ENGINEER, NH DIVISION, NRUPATUNGA ROAD, K.R. CIRCLE, BENGALURU – 560 001.
15. ASHA .B W/O. B.M. LOKESH, AGED ABOUT 35 YEARS, ASSISTANT ENGINEER, O/O. EXECUTIVE ENGINEER, NH DIVISION, NRUPATUNGA ROAD, K.R. CIRCLE, BENGALURU – 560 001. ... PETITIONERS (BY SRI AJOY KUMAR PATIL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY AND PRINCIPAL SECRETARY, PWD, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU – 560 001.
2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY PWD, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU – 560 001.
3. THE CHIEF ENGINEER ( C & B) SOUTH, PWD, K.R. CIRCLE, BENGALURU – 560 001. ... RESPONDENTS (BY SRI I. THARANATH POOJARI, ADDL. GOVT. ADVOCATE) THESE WRIT PETITIONS ARE FILED PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL DATED 14.11.2018 AT ANNEXURE-A SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
O R D E R We have heard learned counsel for petitioners and learned Addl. Govt. Advocate on advance notice.
2. Petitioners have assailed the interim order dated 14/11/2018 passed in Application Nos.7228– 7258/2018. The said order reads as under:-
“AVC.J(JM)/PB(AM) CH-II 14.11.2018 In the present cases, the learned Government pleader has not filed the reply statement and requested for four weeks time to file reply statement.
At this stage, the learned Counsel for the applicants prays for an order of status-quo as on today. Since we feel that an opportunity has to be given to file reply statement, the question of maintaining status-quo and staying further proceedings of the intended promotion cannot be taken up at this stage.
Hence, learned Government Pleader is directed to file reply statement within four weeks.
Call these cases on 18.12.2018.”
3. Learned counsel for petitioners submits that in the applications filed before the Tribunal, applicants have assailed Seniority List bearing Sl.Nos.1 to 1042 having Seniority Numbers 4393 to 5351 dated 15/12/2017, issued by respondent No.2 and that pending disposal of the applications before the Tribunal, to direct stay of the operation of the said seniority list.
4. Learned counsel for petitioners further submits that the respondents have not filed their reply statement and in the meanwhile, there are possibilities of promotions being effected on the basis of the impugned seniority list and therefore, an interim order was sought before the Tribunal, which ought to have appreciated the case of the applicants and granted an interim order.
5. We have perused the impugned order dated 14/11/2018 and we find that the Tribunal has granted time to the respondents to file reply statement and pending filing of the reply statement, promotions could not be stayed. We do not find any infirmity in the said order.
6. We find that the Tribunal has not rejected the interim order sought for by the petitioners herein. It has only postponed consideration of the interim prayer sought by the petitioners pending filing of reply by the respondents. Hence, there is no merit in these writ petitions. Writ petitions are accordingly dismissed.
Sd/- JUDGE Sd/- JUDGE *mvs