IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.40564-575 OF 2019 (S-RES) BETWEEN:
1. SRI SRINIVAS G S/O LATE V.GOVINDARAJU, AGE 42 YEARS, WORKIGN AS JUNIOR ENGINEER (ERLECTRICAL), CITY MUNICIPAL COUNCIL RAMANAGARA, RAMANAGARA - 562 159.
RAMANAGARA TALUK & DISTRICT.
2. SRI SUNIL KUMAR K.S., S/O SUKUMARAN K, AGE 43 YEARS, WORKING AS JUNIOR ENGINEER (ELECTRICAL), CITY MUNICIPAL COUNCIL, ARASIKERE - 573 103, HASSAN DISTRICT.
3. SRI VARADHAMAN HUDDAR, S/O SHANTINATH HUDDAR, AGE 47 YEARS, WORKING AS JUNIOR ENGINEER (ELECTRICAL), TOWN MUNICIPAL COUNCIL, DR. AMBEDKAR CIRCLE, ATHANI-591 304.
BELAGAVI DISTRICT.
4. SRI RAMEGOWDA.D, S/O DODDAHANUMANTHAIAH, AGE 35 YEARS, WORKIGN AS JUNIOR ENGINEER (ELECTRICAL), CITY MUNICIPAL COUNCIL, DODDABALLAPUR-561 203, BANGALORE RURAL DISTRICT.
5 . SRI HALESHAPPA.N., S/O NAGAPPA, AGE 47 YEARS, WORKING AS JUNIOR ENGINEER (ELECTRICAL), TOWN MUNICIPAL COUNCIL MALEBENNUR, DAVANAGERE DISTRICT.
6 . SRI SHIVAKUMAR K.C., S/O K.CHELUVARAYA, AGE 44 YEARS, WORKING AS JUNIOR ENGINEER (ELECTRICAL), CITY MUNICIPAL COUNCIL, MANDYA, MANDYA DISTRICT.
7 . SMT SUJATHA B.J., W/O THIMMAPAP GOWDA, AGE 47 YERS, WORKIGN AS JUNIOR ENGINEER (ELECTRICAL), CITY MUNCIPAL COUNCIL HASSAN, HASSAN DISTRICT.
8 . SMT ANUPAMA C.N., D/O NARAYANA, AGE 46 YEARS, WORKIGN AS JUNIOR ENGINEER (ELECTRICAL), CITY MUNICIPAL COUNCIL HUNSUR, CHIKKAMAGALURU DISTRICT.
9 . SMT SUMA T.R., D/O T.V. RADHAKRISHNA, AGE 50 YEARS, WORKING AS JUNIOR ENGINEER (ELECTRICAL), TOWN MUNICIPAL COUNCIL KUNIGAL 572 130, TUMKURU DISTRICT.
10.SMT NAYANA.S., D/O SHIVANANDAPAP T, AGE 37 YEARS, WORKING AS JUNIOR ENGINEER (ELECTRICAL), CITY MUNICIPAL COUNCIL HIRIYUR-577 598 CHITRADURGA DISTRICT.
11.SRI VIJAYAKUMAR.C., S/O K.CHIKKAYELLAPPA, AGE 39 YEARS, WORKING AS JUNIOR ENGINEER(ELECTRICAL), TOWN MUNICIPAL COUNCIL BOMMASANDRA, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT.
12 . SMT SHWETHA.P., D/O JAGANANTHA P.S, AGE 31 YEARS, WORKIGN AS JUNIOR ENGINEER (ELECTRICAL), CITY MUNCIPAL COUNCIL CHANNANPATNA, RAMANAGARA DISTRICT.
..PETITIONERS (BY SRI. VIJAY KUMAR, ADVOCATE) AND:
1 . STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU-560 001.
2 . THE DIRECTOR DEPARTMENT OF MUNICIPAL ADMINISTRATION, V.V.TOWER, DR. B.R.AMBEDKAR VEEDHI, BENGALURU-560 001.
3 . SRI. M.S.GUDASILA MUNI S/O SAHADEVAPPA, AGE 51 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, RANEBENNUR, HAVERI DISTRICT.
4 . SRI. LINGARAJU, S/O H.V.HANUMANTHAPPA, AGED ABOUT 51 YEARS, WORKING AS JUNIOR ENGINEER, TOWN MUNICIPAL COUNCIL, BANNUR, MYSORE DISTRICT.
5 . SRI. H.P.SHIVANNA, S/O PIDDEGOWDA, WORKING AS JUNIOR ENGINEER, MYSORE URBAN DEVELOPMENT AUTHORITY, MYSORE.
6 . SRI. N.I.BIRADAR, S/O ESHWARAPPA, AGED ABOUT 52 YEARS, WORKIGN AS JUNIOR ENGINEER, TOWN MUNICIPAL COUNCIL, CHANDAPUR, ANEKAL TALUK, BANGALORE URBAN DISTRICT.
7 . SRI. THYAGARAJU, S/O MUTHAPPA, AGED ABOUT 53 YEARS, WORKING AS JUNIOR ENGINEER, TOWN PANCHAYATH, KORATAGERE, TUMUKURU DISTRICT.
8 . SRI. A.D.BELAKAOD, S/O DANAPPA, AGED ABOUT 51 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, JAMAKHANDI, BAGALKOT DISTRICT.
9 . SRI. H.K.NAGAPPA, S/O KARIYAPPA, AGED ABOUT 51 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, SAGAR, SHIMOGA DISTRICT.
10. SRI. B.A.NADAF, S/O ALI SAB, AGED ABOUT 52 YEAR, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, NARAGUND, TUMKUR DISTRICT.
11. SRI. D.K.PRAKASH, S/O P.RANGAPPA, AGED ABOUT 48 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, SIRA, TUMKUR DISTRICT.
12. SRI. S.B.PATIL, S/O BASANNAGOWDA, AGED ABOUT 53 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, BAILAHONGAL, BELAGAVI DISTRICT.
13. SRI. B.R.SARANAPPANAVAR, S/O RUDRAPPA, AGED ABOUT 50 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, RABAKAVI BANAHATTI, BAGALKOT DISTRICT.
14. SRI. R.SRINIVAS, S/O RACHA NAIK, AGED ABOUT 49 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, BANNUR, MYSORE DISTRICT.
15. SRI. SADANANDA.R.SALEHITTALA, S/O RAMANTH, AGED ABOUT 49 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, UTTARA KANNADA DISTRICT.
16. SRI. BHASKARA VENKATARAMANAGOWDA, S/O VENKATARAJU GOWDA, AGED ABOUT 49 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, ANKOLA, UTTARA KANNADA DISTRCIT.
17. SRI PRASHANTH ANAND VERNEKAR, S/O ANAND, AGED ABOUT 49 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, KUMTA, UTTARA KANNADA DISTRICT.
18. SRI. SHANTHAPPA C.HOSUR, S/O CHANNAPPA, AGED ABOUT 50 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, ALAND, KALABURGI DISTRICT.
19. SRI. ANIL KUMAR MUDDA, S/O NINGAPPA MUDDA, AGED ABOUT 41 YEARS, WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, NIPPANI, BELAGAVI DISTRICT.
20. SRI. B.VEERESH, S/O B.SHANTHAVEERAPPA, AGED ABOUT 42 YEARS, WORKING AS JUNIOR ENGINEER, TOWN PANCHAYATH KUDLIGI, BELLARY DISTRICT.
21. SRI. NANSAHEB MADIWALA, S/O AMRUTHAPPA, AGED ABOUT 43 YEARS, WORKING AS JUNIOR ENGINEER, TOWN MUNICIPAL COUNCIL, JEWARGI, KALABURGI DISTRICT.
22. SRI. SOMU RATHOD, S/O SHANKAR RATHOD, AGED ABOUT 43 YEARS, WORKING AS JUNIOR ENGINEER, TOWN MUNICIPAL COUNCIL, SEDAM, KALABBURGI DISTRICT.
... RESPONDENTS (BY SRI. R.SUBRAMANYA, ADL. ADV. GENERAL a/w SMT. A.R.SHARADAMBA, AGA FOR R-1 & R-2;
SRI. M.NAGAPRASANNA, SR. COUNSEL a/w SRI. K.PUTTEGOWDA FOR R3 TO R-22) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE CLAIM OF THE PETITIONERS FOR PROMOTION TO THE POST OF ASSISTANT EXECUTIVE ENGINEER IN TERMS OF KARNATAKA MUNICIPALITIES (RECRUITMENT OF OFFICERS & EMPLOYEES) RULES, 2010 VIDE ANNEXURE-G ALONG WITH THE JUNIOR ENGINEERS (CIVIL) (VIDE ANNEXURE-Q) TO THE CADRE OF ASSISTANT EXECUTIVE ENGINEER AS PER THE RATIO PRESCRIBED; AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel appearing for all the contesting parties having argued the matter for some time, are graciously in agreement with the suggestion of this Court that in the imminent promotion process, the candidature of all the Civil Engineers & Electrical Engineers in the ratio of 88:12% by way of one time measure shall be considered for promotion to the posts of Assistant Executive Engineer in accordance with law.
2. However, this order shall not be construed as the Court putting a seal to the ratio now pressed into service by the respondent-Government inasmuch as it is submitted by the learned Additional Advocate General that the Government is contemplating suitable amendment to the subject Cadre & Recruitment Rules.
All contentions of the parties are kept open.
The submission made by the learned Additional Advocate General that the DPC would be taken up before long without brooking the delay is placed on record.
Sd/- JUDGE DS