IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15th DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NOS. 50404-405 OF 2018 C/W WRIT PETITION NO.50930 OF 2018 (S-RES) IN W.P.NOs.50404-405 OF 2018 BETWEEN:
1. SRI S.R.NAGARAJ S/O.RANGAIAH AGED ABOUT 51 YEARS WORKING AS JUNIOR ENGINEER OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL-3) SUB-DIVISION, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, II FLOOR, JAYANAGAR SHOPPING COMPLEX JAYANAGAR BANGALORE-560 011 2. SRI.KRISHNAPPA MALLA S/O.LATE KORAGAPPA AGED ABOUT 52 YEARS WORKING AS JUNIOR ENGINEER OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER NO.2, ELECTRICAL SUB-DIVISION BANGALORE WATER SUPPLY AND SEWERAGE BOARD 18TH CROSS, MALLESHWARAM BANGALORE-560 055 (BY SRI.M.S.BHAGWAT, ADV.) … PETITIONERS AND:
1. THE CHIEF ADMINISTRATIVE OFFICER AND SECRETARY BANGALORE WATER SUPPLY AND SEWERAGE BOARD 1ST FLOOR, CAUVERY BHAVAN K.G.ROAD BANGALORE-560 009 2. THE CHIEF ENGINEER BANGALORE WATER SUPPLY AND SEWERAGE BOARD (QUALITY ASSURANCE) 9TH FLOOR, CAUVERY BHAVAN K.G.ROAD, BANGALORE-560 009 3. THE ASSISTANT EXECUTIVE ENGINEER NO.3, ELECTRICAL SUB-DIVISION BANGALORE WATER SUPPLY AND SEWERAGE BOARD II FLOOR, JAYANAGAR SHOPPING COMPLEX JAYANAGAR BANGALORE-560 011 4. THE ASSISTANT EXECUTIVE ENGINEER NO.2, ELECTRICAL SUB-DIVISION BANGALORE WATER SUPPLY AND SEWERAGE BOARD 18TH CROSS, MALLESHWARAM BANGALORE-560 055 5. THE KARNATAKA STATE OPEN UNIVERSITY REPRESENTED BY ITS REGISTRAR MUKTHAGANGOTHRI, MYSORE-570 006 (BY SRI.B.L.SANJEEV, ADV. FOR R-1 TO R-5 ... RESPONDENTS SRI.T.P.RAJENDRA KUMAR SUNGAY, ADV. FOR R-5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO IMPUGNED ORDER DTD: 07.11.2018 FROM THE R-1 AND QUASH THE IMPUGNED ORDER DTD: 07.11.2018 VIDE ANNX-A ISSUED BY THE R-1, IN SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC.
IN WRIT PETITION NO.50930 OF 2018 BETWEEN:
SRI KUMARA SWAMY.B.S. S/O.LATE SOMASHEKKARAYYA AGED ABOUT 39 YEARS CURRENTLY WORKING AS JUNIOR ENGINEER OFFICE OF THE ASST. EXECUTIVE ENGINEER BANGALORE WATER SUPPLY AND SEWERAGE BOARD B-31, EAST-3 SUB-DIVISION, ITI COLONY TELEPHONE CITY BENGALURU-560 016 (BY SRI.BHARATH KUMAR V., ADV.) AND:
1. CHIEF ADMINISTRATIVE OFFICER AND SECRETARY BANGALORE WATER SUPPLY AND SEWERAGE BOARD 1ST FLOOR, CAUVERY BHAVAN K.G.ROAD BANGALORE-560 009 2. THE ASSISTANT EXECUTIVE ENGINEER BANGALORE WATER SUPPLY AND SEWERAGE BOARD, B-31, EAST-3 SUB-DIVISION, ITI COLONY, TELEPHONE CITY BENGALURU-560 016 (BY SRI.B.L.SANJEEV, ADV. FOR R-1 R-2 SERVED BUT UNREPRESENTED) … PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT QUASHING AS AGAINST THE PETITIONER ALONE, THE ORDER DATED: 07.11.2018 PASSED BY THE R-1 VIDE ANNEXURE-A AND ETC.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In these petitions, petitioners have assailed the Official Memorandum dated 7.11.2018 (Annexure-A) by which petitioners’ posting as Junior Engineers on temporary basis, which is on their own pay scale and grade has been canceled on the score that the degree possessed by the petitioners in B.E. has not been recognized by AICTE.
2. Learned counsel for the petitioners submitted that petitioners have joined course in the year 2012-13 and completed the course in the year 2014-15. Relating to recognisation of obtaining degree from the concerned open University was a subject matter of litigation before this Court in W.P. No.34255/2016 decided on 27.6.2016 wherein, it is held that who have joined the University up to and including the academic year 2012-2013 and obtaining degree for post of Assistants, F.D.A. in accordance with law were permitted to take the benefit of University degree.
3. On the other hand, learned counsel for the respondents submitted that petitioners have no right to continue in the Junior Engineer post since their posting order was on their own post and grade of pay and such posting is temporary. Consequently, they have no right over their posts until and unless, they entered in to the cadre of Junior Engineer. In view of these facts and circumstances, no reasons assigned in Annexure-A – Official Memorandum dated 7.11.2018 that degree obtained by the petitioner is not a recognized Institute with reference to AICTE, however, it has been clarified in Annexure-K. The petitioner who get the benefit of Annexure-E in view of the fact that petitioner has joined the degree course in the year 2012-2013 and acquired in the year 2014. Hence, reasons have not been assigned in Annexure-A and it is hereby set aside.
4. Insofar as posting of the petitioners in the post of Junior Engineer be examined by the concerned respondent within a period of four weeks from the date of receipt of this order. In the event of petitioners eligibility r/w regulation governing the post of Junior Engineer petitioners case be considered and speaking order shall be passed to that extent and communicate the decision to the petitioners.
Sd/- JUDGE BS