IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI WRIT PETITION NO.45778/2018(S-PRO) BETWEEN:
Ravikumar R, S/o K.Raju, 56 years, Occ:Meter Reader, Employee No.3496, Working in the Office of the Asst. Executive Engineer, BWSSB, North West -3, TVS Cross, Bengaluru-560 058 R/o No.76, Manjunathnagar, Kengeri Main Road, Thavarekere, Bengaluru South – 562 130.
(By Shri.S.L. Kamatar, Advocate) AND:
1.The Chief Administrator & Secretary, B.W.S.S.B, 3rd Floor, Cauveri Bhavan, K.G. Road, Bengaluru -09.
2. Principal Chief Engineer, B.W.S.S.B, 3rd Floor, Cauveri Bhavan, K.G. Road, Bengaluru -09.
3. The Executive Engineer, (Sub) 2, B.W.S.S.B, North West -2, ..Petitioner 18th Cross, Malleshwaram, Bengaluru – 560 003.
4. The Asst. Executive Engineer (Sub)-3, BWSSB, North West -3, Sub Division, TVS Cross, Peenya, Bengaluru-560 058.
…Respondents.
(Shri.M.S. Narayan, Advocate) This writ petition is filed under Articles 226 and 227 of the Constitution of India to direct the respondents to sanction 16th year automatic promotion, time bound advancement and annual increments from the year 2008 in the cadre of Meter Reader to the petitioner by considering the representations given by the petitioner to the respondents vide Annexure-B, B1 and B2 dated 28/12/2015, 31/12/2015 and 23/02/2017 respectively.
This petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following;
ORDER Learned counsel for the respondents has filed objections.
2. In the instant petition, petitioner has sought for the following reliefs;
i) Issue a writ or direction, writ in the nature of mandamus directing the respondents to sanction 16th year automatic promotion, time bound advancement and annual increments from the year 2008 in the cadre of Meter Reader to the petitioner by considering the representations given by the petitioner to the respondents vide Annexure-B, B1 and B2 dated 28/12/2015, 31/12/2015 and 23/02/2017 respectively.
ii) Pass such any other order as deemed by this Hon’ble Court under the facts and circumstances of the case in the interest of justice and equity.
3. A perusal of the objection at Annexure-R5, it is evident that petitioner’s grievance is under pending consideration. On 10/04/2018, the concerned officer has taken a decision that the petitioner’s grievance is not in terms of the particular format.
4. Hence, a direction is issued to the concerned officer to inform the petitioner to furnish whatever shortcoming documents including necessary format within a period of one month from the date of receipt of a copy of this order. Thereafter, petitioner is permitted to comply with the requisition made by the concerned officer within a period of two months. Further, the concerned respondent is hereby directed to examine the petitioner’s claim within a period of three months from the date of the petitioner furnishing requisite documents and communicate the decision.
5. With the above observations, petition stands disposed of.
Msu Sd/-
JUDGE