IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NOs.52724-52725 OF 2016 (S-PRO) BETWEEN:
1. N VENKATESH S/OLATE NAGAIAH AGED 55 YEARS, WORKING AS SECOND DIVISION ASSISTANT BBMP, YEDIYURU SUB-DIVISION O/O ASSISTANT EXECUTIVE ENGINEER BANASHANKARI,BENGALURU RESIDING AT NO.4 HANUMANTHAPPA COLONY SESHADRIPURAM BENGALURU – 560 020.
2. K. KONDAIAH S/O LATE K.C.KONDAIAH AGED ABOUT 56 YEARS, WORKING AS SECOND DIVISION ASSISTANT, BBMP O/O MEDICAL OFFICER OF HEALTH JAGAJEEVANRAM NAGAR, BENGALURU RESIDING AT NO.8, 3RD CROSS, 6TH BLOCK, N.M.GARDEN, KORAMANGALA BENGALURU – 560 095. ... PETITIONERS (BY SRI. A. R. HOLLA, ADVOCATE) AND 1. THE STATE OF KARNATAKA BY SECRETARY URBAN DEVELOPMENT DEPARTMENT KARNATAKA GOVERNMENT SECRETARIAT VIKASA SOUDHA BENGALURU - 560 001.
2. BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE BENGALURU – 560 027 BY ITS COMMISSIONER.
3. THE ADDITIONAL COMMISSIONER (ADMINISTRATION) BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE BENGALURU – 560 027.
4. THE JOINT COMMISSIONER (HEALTH) BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE BENGALURU – 560 027.
5. SRI. M.G.RAGHUNANDAN JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
6. SRI.S.R.CHANDRASHEKAR JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
7. SRI.M.L.NAGRAJAIAH JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
8. SRI.D.VINAY JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
9. SRI.G.M.LAKSHMINARAYANA JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU - 560 027.
10. SRI.MH.SATHYAMURTHY JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
11. SRI.M.CHAYAPATHY JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
12. SRI.UMESH JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
13. SRI.N.M.PRAVEEN JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
14. SRI. PURUSHOTHAMA JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
15. SRI.SHANKAR B SINGH JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
16. SRI. A. AMBAREESH GOWDA JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
17. SRI.K.N.SURESH JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
18. SRI.MAHESH JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
19. SRI.H.MANJUNATH JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
20. SRI.K.L.ANILKUMAR JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
21. SRI.K.SOMASHEKAR JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027.
22. SRI.G.KALYAN MOHAN JUNIOR HEALTH INSPECTOR BBMP, N.R.SQUARE BENGALURU – 560 027. ... RESPONDENTS (BY SRI. SREEDHAR N. HEDGE, HCGP FOR R1 SRI B.S. GAUTHAM, ADVOCATE FOR R2 TO R4 SRI S.M.BABU, ADV. FOR R5 TO R10, R12 TO R16 & R19 TO R22 NOTICE TO R11, R17 & R18 SERVED & UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE OFFICIAL MEMORANDUM DTD.3.9.2016 ISSUED BY THE R-1, ANNEX-F AND DIRECT THE RESPONDENTS TO CONSIDER THE PETITIONERS FOR THE POSTS BY PROMOTION IN ACCORDANCE WITH THE RECRUITMENT RULES AND GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE OFFICIAL MEMORANDUM DTD.3.9.2016 ISSUED BY THE R-1, ANNEX-F.
THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In the instant petitions, the petitioners have sought for questioning Annexure-F dated 03.09.2016. The main grievance of the petitioners is that the respondents have not resorted to invoke the method of recruitment to the post of Junior Health Inspectors to Sanitary Overseers, Meat Checker, Mosquito Control Inspectors.
2. Learned counsel for the petitioners submitted that the official respondents have not resorted to the post other than the eligible candidates.
Further, 20% by direct recruitment is not operated. The method of recruitment to the post of Junior Health Inspector and other posts reads as under:
“[Twenty-five per cent by deputation from the Health and Family Welfare Department, from the equivalent Cadre].
[Twenty per cent by direct recruitment, twenty per cent by promotion from the cadre of Group “D” employees other than Pourakarmikas. Twenty per cent by promotion from the cadre of Vaccinators and sub-registrars of Births and Deaths. Forty per cent by promotion from the cadre of Pourakarmikas]”
3. The petitioners are aged about 55 years and 56 years respectively. They are in the post of Second Division Assistants in the BBMP. They have no locus standi to seek for quashing of Annexure-F and further seeking for a direction to fill up the post of Junior Health Inspector and other equivalent posts in terms of BBMP Cadre Rules (Annexure-E). Even though, the method of recruitment provides for 20% by direct recruitment, 20% by promotion from the cadre of Group “D” employees other than other than Pourakarmikas, 20% by promotion from the cadre of Vaccinators and sub-registrars of Births and Deaths and 40% by promotion from the cadre of Pourakarmikas, whereas the petitioners are in the cadre of Second Division Assistants which is a Group ‘C’ category and Group ‘C’ category is not one of the feeder cadre.
4. Petitioners have not made out a case so as to interfere with Annexure-F. Hence, writ petitions stands dismissed.
Sd/- JUDGE HA/-