IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.47610/2018 (S – PRO) BETWEEN:
SRI SANJAY D.M., S/O SRI MANCHAIAH M., AGED ABOUT 36 YEARS ASSISTANT EXECUTIVE ENGINEER, KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD, NEW KANTHARAJ URS ROAD, SARASWATHIPURAM, MYSORE-09, R/AT NO.112, DAYA MARG, 3RD CROSS, 5TH MAIN, SIDDARTH LAYOUT, MYSURU-570011 ... PETITIONER [BY SRI VIJAY V. BAJANTRI, ADV. FOR M/s BAJENTRI ASSOCIATES.] AND:
1 . STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BANGALORE-560001 2 . THE KARNATAKA URBAN WATER SUPPLY & DRAINAGE BOARD REP BY ITS MANAGING DIRECTOR, NO.6, 1ST STAGE, 1ST PHASE, BTM LAYOUT, BANNERGHATTA MAIN ROAD, BANGALORE-560029 3 . THE CHIEF ENGINEER THE KARNATAKA URBAN WATER SUPPLY & DRAINAGE BOARD, MYSORE ZONE, NO.927, 1ST FLOOR, 6TH MAIN, NEW KANTHARAJ URS ROAD, SARASWATHIPURAM, MYSURU-570009 …RESPONDENTS [BY SMT.NILOUFER AKBAR, AGA FOR R-1;
SRI RAJARAM SOORYAMBAIL, ADV.FOR R-2 & R-3.] THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE CLAIM OF THE PETITIONER FOR PROMOTION TO THE POST OF ASSISTANT EXECUTIVE ENGINEER (ELEC) AND EXECUTIVE ENGINEER (ELEC) IN TERMS OF THE RECRUITMENT REGULATIONS 1985, AS AMENDED FROM TIME TO TIME WITHIN A TIME FRAME SPECIFIED BY THIS HON’BLE COURT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner claims that he was appointed as an Assistant Engineer (Elec) against a back-log vacancy in the reservation category by the respondent Board as per the appointment order dated 14.01.2011. It is the contention of the petitioner that as per the Karnataka Urban Water Supply and Drainage Board (Cadre and Recruitment) Regulations, 1985 and the amended Rules thereof, the petitioner is entitled for promotion to the post of the Assistant Executive Engineer (Elec.). Accordingly, the petitioner submitted a representation requesting to regularize his promotion in the cadre of Assistant Executive Engineer (Elec.) and also to consider his claim for promotion to the cadre of Executive Engineer (Ele.) in terms of 1985 Regulations as amended in 2001 and 2007. But the same has not acted upon. Hence, this writ petition.
2. Having regard to the totality of the circumstances of the case, this Court is of the considered view that justice would be sub-served in directing respondent No.2 to consider the representation submitted by the petitioner at Annexure – K said to have been received by respondent No.2 on 17.05.2018 and Annexure – L dated 26.06.2018, if pending, in accordance with law and take a decision in an expedite manner, in any event, not later than four weeks from the date of receipt of certified copy of the order. Ordered accordingly.
The writ petition stands disposed of in terms of the above.
After the disposal of the matter as aforesaid, the learned counsel for the petitioner made a mention that he has been instructed to submit that an endorsement has been issued by the respondents pursuant to the representation at Annexure – K and accordingly seeks for recalling the order.
The request is rejected reserving liberty to the petitioner to proceed in accordance with law.
Sd/- JUDGE PMR