IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.11354/2019(S-RES) BETWEEN SRI P. UMASHANKAR S/O PULLAIAH, AGED ABOUT 34 YEARS, W/AS SECOND DIVISION ASSISTANT, CITY MUNICIPAL COUNCIL, HOSKOTE, PINCODE- 562114, BENGALURU RURAL DISTRICT.
(BY SRI NANJA REDDY P N, ADVOCATE ) AND THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, BEERASANDRA, DEVANAHALLI, PINCODE-562110, BENGALURU RURAL DISTRICT.
(BY SMT M S PRATHIMA, AGA) ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 16.04.2018 AS PER (ANNEXURE-D) SECOND DIVISION ASSISTANT, FROM THE DATE OF HIS INITIAL APPOINTMENT (AS PER ANNEXURE-D) I.E, 26.08.2014 AND NOT FROM THE DATE OF ISSUING AMENDED APPOINTMENT ORDER AS SECOND DIVISION ASSISTANT FROM 08.07.2015 AS PER ANNEXURE-C. HENCE THE PETITIONER IS ENTITLED TO FOR THE SENIORITY AND ALL OTHER CONSEQUENTIAL BENEFITS WITH EFFECT FROM 26.08.2014 AS SECOND DIVISION ASSISTANT AND GRANTS ALL THE CONSEQUENTIAL BENEFITS THEREON.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
Learned Additional Government Advocate is directed to take notice for the respondent.
2. The petitioner was appointed as ‘pourakarmika’ on compassionate ground in the office of Town Municipal Council, Devanahalli on 26.08.2014. Thereafter, the petitioner submitted a representation to the respondent to consider his case for appointment to Group-‘C’ post, as the petitioner had passed SSLC examination. After considering the representation of the petitioner, the Deputy Commissioner passed an order dated 08.07.2015, appointing the petitioner to the post of Second Division Assistant. However, the grievance of the petitioner is that he should have been appointed as Second Division Assistant from the initial date of appointment i.e., on 26.08.2014. In this regard, the petitioner has made representation to the respondent on 16.04.2018, which communication is produced at Annexure- D along with this writ petition. Learned counsel for the petitioner submits that the respondent has not passed any order on the representation dated 16.04.2018. Therefore, the petitioner is before this Court.
3. On hearing the learned counsel for the petitioner and learned Additional Government Advocate for the respondent, this Court deems it fit to direct the respondent-Deputy Commissioner to consider the representation dated 16.04.2018, at Annexure-D and pass a speaking order, as expeditiously as possible and at any rate within a period of two months from the date of receipt of certified copy of this order.
The writ petition is disposed of accordingly.
Learned Additional Government Advocate is permitted to file her Memo of Appearance within a period of two weeks from today.
SD/- JUDGE DL