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.24909-24968/2019 (S-RES) BETWEEN:
1. SRI VENKATESH AGED ABOUT 42 YEARS S/O RAMU VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT OF 6TH CROSS, BASAVANAGUDI GUTTHALU MANDYA – 571 401.
2. SRI ANNEGOWDA AGED ABOUT 44 YEARS S/O LATE KALEGOWDA VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA – 571 401 RESIDENT OF YELECHEKKANAHALLI MANDYA – 571 401.
3. SRI T. KRISHNA AGED ABOUT 46 YEARS S/O LATE THIMMEGOWDA METER READER WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA – 571 401 RESIDENT OF YUTHAGADAHALI GUTHALU COLONY MANDYA – 571 401 4. SRI T. JANARDHANA AGED ABOUT 43 YEARS S/O LATE THIMMEGOWDA WORKING AS VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA – 571 401 RESIDENT OF GUTHALU COLONY MANDYA – 571 401 5. SRI D. RAMESH AGED ABOUT 46 YEARS S/O DODDASIDDAIAH METER READER WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA – 571 401 RESIDENT OF KOTHATHI GRAMA MANDYA – 571 401.
6. SRI NARASIMHEGOWDA AGED ABOUT 39 YEARS S/O LATE SANNEGOWDA VALVEMAN, WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA – 571 401 RESIDENT OF CHAMUNDESHWARINAGARA MANDYA - 571401 7. SRI P. RAVI AGED ABOUT 32 YEARS S/O LATE PUTTABASAVAIAH VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA – 571 401 RESIDENT OF THAVARGERE GUTHALU MANDYA – 571 401 8. SRI JAYASIDDAIAH S/O LATE SIDDAIAH AGED ABOUT 42 YEARS VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA – 571401 RESIDENT OF GANADALLU DUDDU HOBLI, MANDYA – 571401 9. SRI K.H. NAGASRAJU AGED ABOUT 47 YEARS S/O HALAGEGOWDA PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA – 571401 RSIDENT OF HOLENARASIPURA HASSAN, HASSAN DISTRICT – 573211.
10. SRI S. KRISHNAGOWDA AGED ABOUT 45 YEARS S/O HALAGEGOWDA PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT OF CHITTENAHALLI PANDAVAPURA HIGHWAY, MANDYA - 571401 11. SRI K. SHASHIKUMAR AGED ABOUT 28 YEARS S/O KALEGOWDA PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT OF KUPPAHALLI PANDAVAPURA HOBLI, MANDYA - 571401 12. SRI GURULINGU AGED ABOUT 48 YEARS S/O LATE LINGEGOWDA GANGMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT OF GANAGURU SRIRANGAPATNA HOBLI, MANDYA - 571401 13. SRI MARIGOWDA AGED ABOUT 56 YEARS S/O CHIKKAKARIGOWDA PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT OF MANIKYANAHALLI PANDAVAPURA HOBLI, MANDYA - 571401 14. SRI H.S. NAGARAJU AGED ABOUT 39 YEARS S/O L N SHIVALINGAIAH PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT O F HONGAHALLI MATA MANDYA - 571401 15. SRI H P CHANDRASHEKAR AGED ABOUT 36 YEARS PUTTEGOWDA PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT OF HONGAHALLI MANDYA - 571401 16. SRI SHIVALINGAIAH G M AGED ABOUT 41 YEARS S/O D MARIMADEGOWDA PALIKELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT OF GAJANUR MALAVALLI TALUK MANDYA – 571401 17. SRI J.P. ASHOK AGED ABOUT 37 YEARS S/O PUTTASWAMIGOWDA PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT OF MANIKAYANAHALLI PANDAVAPURA TALUK MANDYA - 571401 18. SRI K.S. DINESH AGED ABOUT 37 YEARS S/O SANNEGOWDA PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT OF KALENAHALLI MANDYA TALUK MANDYA - 571401 19. SRI M.N. BETTASWAMY AGED ABOUT 42 YEARS S/O LATE NARASIMHEGOWDA PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT OF MANYKANAHALLI PANDVAPURA TALUK MANDYA - 571401 20. SRI R K MAHENDRAKUMAR AGED ABOUT 33 YEARS S/O M KEMPAIAH LEDGER ASSISTANT WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT OF G M SWEET MALAVALLI CHAN MANDYA - 571401 21. SRI S. CHAMRAJU AGED ABOUT 46 YEARS S/O LATE C M SUNDARA METER READER WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT OF SIDDAIAHANAPURA KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT - 571313 22. SRI M. NANDEESHA AGED ABOUT 34 YEARS S/O LATE MAHADEVU PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT OF GANDHINAGAR MANDYA CITY MANDYA - 571401 23. SRI B.S. SHANTHARAJU AGED ABOUT 44 YEARS, S/O SHIVARUDRAPPA METER READER WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571 401 RESIDENT OF AREKERE SRIRANGAPATNA TALUK MANDYA DISTRICT MANDYA-571401 24. SRI PRAKASH S/O LATE VENKATESH AGED ABOUT 42 YEARS VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571 401 RESIDENT OF NEXT TO KURABARA HOSTEL MANDYA-571 401 25. SRI N ANILKUMAR S/O NANJUNDEGOWDA AGED ABOUT 32 YEARS VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571 401 RESIDENT OF KOTHATHI KOTHATHI HOBLI MANDYA-571 401 26. SRI S. CHANDRASHEKAR S/O LATE SIDDAIAH AGED ABOUT 36 YEARS VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571 401 RESIDENT OF SANTHEKALASAGERE MANDYA-571 401 27. SRI SWAMY S/O LATE HONNEGOWDA AGED ABOUT 31 YEARS GANGMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571 401 RESIDENT OF HABBADA MARANAHALLI MANDYA -571 401 28. SRI M R GOUTHAM S/O M K RAMALINGEGOWDA AGED 24 YEARS GANGMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571 401 RESIDENT OF M SHETTIHALLI SRIRANGAPATNA TALUK MANDYA DISTRICT MANDYA-571401 29. SRI RAVI S/O LATE NINGAIAH AGED ABOUT 52 YEARS VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION, MANDYA-571 401 RESIDENCE OF OLD TOWN MANDYA CITY, MANDYA-571 401 30. SRI GANGADHAR S/O PUTTASWAMY GOWDA AGED ABOUT 45 YEARS ATTENDAR WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION, MANDYA-571 401 RESIDENT OF TAVARAGERE MANDYA CITY, MANDYA-571 401 31. SRI M.R. RAGHAVENDRA S/O RAJANNA AGED ABOUT 30 YEARS METER READER WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION, MANDYA-571 401 RESIDENT OF PETE BEEDHI MANDYA CITY, MANDYA-571 401 32. SRI K. SUNIL S/O KUMAR AGED ABOUT 28 YEARS PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION, MANDYA-571 401 RESIDENT OF BAZAAR STREET OLD M C ROAD, MANDYA-571 401 33. SRI G. VISHAKANTA S/O C S GURUBASAVAIAH AGED ABOUT 50 YEARS LEDGER ASSISTANT WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION, MANDYA-571 401 RESIDENT OF CHINNENAHALLI SRIRANGPATNA TALUK MANDYA DISTRICT MANDYA-571 401 34. SRI R. ABHILASH S/O RAVIKUMAR AGED ABOUT 25 YEARS METER READER WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571401 RESIDENT OF DASAGUPPE SRIRANGAPATNA TALUK MANDYA DISTRICT-571401 35. SRI PREMKUMAR S/O ST JAYARAM AGED ABOUT 41 YEARS ASSISTANT WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINGEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571401 RESIDENT OF S.D. JAYARAM BADAVANE MANDYA 571401 36. SRI M.R. SHIVARAMU S/O RAMESH AGED ABOUT 27 YEARS DATA ENTRY OPERATOR WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA 571401 RESIDENT OF MANGALA GRAMA MANDYA 571401 37. SRI K.B. BORIAH S/O BORAIAH AGED ABOUT 50 YEARS WATCHMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERTIONS SUB DIVISON MANDYA DIVISION MANDYA-571401 RESIDENT OF KIRAGANDURU MANDYA 571401 38. SRI P. NAVEEN KUMAR S/O PUTTASWAMY AGED ABOUT 29 YEARS PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571401 RESIDENT OF HOSAHALLI MANDYA CITY, MANDYA-571401 39. SRI SATISH S/O RAMAIAH AGED ABOUT 40 YEARS GANGMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571401 RESIDENT OF KOMMERAHALLI MANDYA-571401 40. SRI. K.R. RAVI S/O RAMEGOWDA, AGED ABOUT 46 YEARS PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571401 RESIDENT OF DUDDU GRAMA, DUDDA HOBLI, MANDYA-571401 41. SRI. C.P. MAHESH S/O PAPANNA AGED ABOUT 33 YEARS VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571401 RESIDENT OF CHIKKAMANDYA GRAMA MANDYA 571401.
42. SRI. S.A. DARSHAN GOWDA S/O SURYANARAYANA AGED ABOUT 27 YEARS VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION, MANDYA-571401 RESIDENT OF SUGAR TOWN, MANDYA CITY, MANDYA 571401.
43. SRI. S.C. RAGHUVEER S/O CHIKKAPAPAIAH AGED ABOUT 31 YEARS METER READER WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571401 RESIDENT OF SUNDAHALLI MANDYA 571401.
44. SRI. D. RAVIKUMAR S/O C. DEVARAJU AGED ABOUT 37 YEARS LEDGER ASSISTANT WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571401 RESIDENT OF KACHEGERE MANDYA 571401.
45. SRI.NAGENDRA S/O LATE SIDDEGOWDA, AGED ABOUT 38 YEARS GANGMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571401 RESIDENT OF KUTHOTHI GRAMA MANDYA-571 401 46. SRI.H.R.MOHAN KUMAR S/O K.RAMAIAH, AGED ABOUT 40 YEARS PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION, MANDYA DIVISION, MANDYA-571401 RESIDENT OF HALAHALLI MANDYA CITY MANDYA-571 401 47. SRI.C.K. ANAND S/O LATE KALANIGAIAH, AGED ABOUT 42 YEARS VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA-571401 RESIDENT OF CHIKKA MANDYA MANDYA-571 401 48. SRI.R.MAHADEVA SWAMY S/O RAMEGOWDA, AGED ABOUT 30 YEARS LEDGER ASSISTANT, WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION, MANDYA-571401 RESIDENT OF MAGIGOWDANA HUNDI MYSORE-570 001.
49. SRI.A.C.SHIVAMADHU S/O CHIKKANNA, AGED ABOUT 34 YEARS LEDGER ASSISTANT, WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION, MANDYA-571401 RESIDENT OF ANNEKOPPALU MALAVALLI TALUK, MANDYA DISTRICT MANDYA-571 401 50. SRI.M.A.JAYAPRAKASH S/O LATE APPAJI, AGED ABOUT 43 YEARS, PALI KELASA WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION, MANDYA DIVISION, MANDYA-571401 RESIDENT OF MYLAKANHA HOSAHALLI CHENNAPATNA TALUK, RAMANAGARA DISTRICT-562 159 51. SRI. SRINIVAS D S/O DODDARAMAIAH, AGED ABOUT 43 YEARS VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION, MANDYA - 571401. RESIDENT OF GANADALU GRAMA DHUDDA HOBLI, MANDYA MANDYA 571 401 52. SRI. A.V. SIDDARAJU S/O LATE VENKATASHETTY AGED ABOUT 27 YEARS GANGMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401. RESIDENT OF HANNURU, H.D. KOTE TALUK, MYSURU 570001 53. SRI M.C. CHELUVAPPA S/O LATE N. CHELUVAIAH, AGED ABOUT 43 YEARS GANGMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 .
RESIDENT OF MARADIPURA, DUDDU HOBLI, MANDYA-571 401 54. SRI K.S. MANU S/O SHIVANNA AGED ABOUT 39 YEARS PALI KELASA, WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 .
RESIDENT OF KOMEREHALLI, MANDYA MANDYA 571 401 55. SRI S. BABU S/O SIDDAIAH, AGED ABOUT 43 YEARS VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION, MANDYA - 571401 . RESIDENT OF SATHANUR, MANDYA 571 401 56. SRI. SHIVAMADHAPPA S/O GURUMALLA, AGED ABOUT 41 YEARS GANGMEN, WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION, MANDYA - 571401 . RESIDENT OF H. KODIHALLI FARM, MANDYA 571 401 57. SRI P. RAGHU S/O PUTTARAMU, AGED ABOUT 39 YEARS LEAKAGE ASSISTANT, WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION, MANDYA - 571401 RESIDENT OF HONGEHALLI, K.R.SAGARA, SRIRANGAPATNA TALUK, MANDYA-571 401.
58. SRI M N ANILKUMAR S/O D.S. NAGARAJU, AGED ABOT 28 YEARS VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 . RESIDENT OF BASAVANAGUDI, GUTHALU COLONY, MANDYA 571 401 59. SRI ASWATH L.K. S/O KULLAIAH, AGED ABOUT 35 YEARS GANG MAN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401 RESIDENT OF LOKASAIRA GRAMA, MANDYA 571 401 60. SRI M R SHIVAKUMAR S/O RAMANNA AGED ABOUT 25 YEARS VALVEMEN WORKING IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD OPERATIONS SUB DIVISION MANDYA DIVISION MANDYA - 571401.
RESIDENT OF 1ST CROSS, NEAR RAVINDRA RICE MILL, TAVARAGERE, MANDYA CITY, MANDYA 571 401.
…PETITIONERS (BY SRI CHANDRAKANTH R. GOULAY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, DR.B.R. AMBEDKAR VEEDHI, BENGALURU - 560001 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT , URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, DR.B.R. AMBEDKAR VEEDHI, BENGALURU 560001 3. KARNATAKA URBAN WATER SUPPLY & DRAINAGE BOARD, NO.5, JALABHAVAN, BTM LAYOUT, I PHASE, I STAGE, BANNERGHATTA MAIN ROAD BENGALURU 560029 BY ITS MANAGING DIRECTOR 4. THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA URBAN WATER SUPPLY & DRAINAGE BOARD, OPERATION SUB DIVISION MANDYA 571401 5. THE CITY MUNICIPAL CORPORATION MANDYA, MANDYA-571401.
BY ITS COMMISSOINER.
6. THE CITY MUNICIPAL CORPORATION MYSORE-570 001 BY ITS COMMISSIONER 570001.
…RESPONDENTS (BY SMT.M.S.PRATHIMA, AGA FOR R1 & R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.2 DATED 01.03.2019 AS EVIDENT FROM ANNEXURE-V AND THE ENDORSEMENT DATED 13.05.2019 VIDE ANNEXURE-W PASSED BY THE RESPONDENT NO.3, AS ARBITRARY, ILLEGAL AND VOID AND IN CONTRARY TO THE VARIOUS DECISIONS OF THIS HON”BLE COURT; AND DIRECT THE RESPONDENTS TO EXTEND THE BENEFIT OF EQUAL PAY FOR EQUAL WORK IN RESPECT OF THE POST HELD BY THEM AS DETAILS IN ANNEXURE-A WITH ALL CONSEQUENTIAL MONETARY BENEFITS FLOWING THEREFROM AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In these bunch of petitions petitioners have sought for following reliefs:
(i) Issue a writ of certiorari quashing the impugned order bearing No.NAE 72 UDWV 2018 Bangalore passed by the 2nd respondent dated 1.3.2019 as evident from Annexure-V and the endorsement bearing No.KhaJaMa/HRD-11/Ho.Ghu/215/18-19 dated 13.5.2019 vide Annexure-W passed by the 3rd respondent, as arbitrary, illegal and void and in contrary to the various decisions of this Hon’ble Court;
(ii) Issue directions, directing the respondents to extend the benefit of equal pay for equal work in respect of the post held by them as detailed in Annexure-A, with all consequential monetary benefits flowing therefrom, in the interest of justice;
(iii) Issue any other incidental orders as deemed fit in the facts and circumstances of the case in the interest of justice and equity.
On 26.6.2019 following order was passed:
“After arguing the matter for some time, petitioners seek time to produce copy of the order of appointment so as to establish that they have been directly appointed by the respondents.
List the matter on 4.7.2019.”
2. Today, learned counsel for the petitioners submitted that no documents are available in respect of appointment of the petitioners by the respondents. Learned counsel for the petitioners submitted that petitioners were never appointed by the official respondents or by the contractor, but work is extracted through the contractor and wages are paid by the contractor. The learned counsel for the petitioners submitted that in identical circumstances Mysore City Corporation extended the benefit vide Annexure-C and similarly at Annexures-‘J’, ‘R’ and ‘S’ who are similarly situated persons like petitioners. Therefore, respondents are discriminating among the workers whose services have been utilized by the respondents indirectly through the contractor. In view of these facts and circumstances, learned counsel for the petitioners cited the following decisions; State of Punjab and Others Vs. Jagjit Singh and Others reported in (2017) 1 SCC 148, at paragraph 58 it has been held as under:
58. In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work cannot be paid less than another who performs the same duties and responsibilities. Certainly not, in a welfare State. Such an action besides being demeaning, strikes at the very foundation of human dignity. Anyone, who is compelled to work at a lesser wage does not do so voluntarily. He does so to provide food and shelter to his family, at the cost of his self-respect and dignity, at the cost of his self worth, and at the cost of his integrity. For he knows that his dependants would suffer immensely, if he does not accept the lesser wage. Any act of paying less wages as compared to others similarly situate constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation.”
In State of U.P. and others Vs. Putti Lal reported in (2006) 9 SCC 337, at paragraph 5 it has been held as under:
“5. In several cases this Court applying the principle of equal pay for equal work has held that a daily-wager, if he is discharging the similar duties as those in the regular employment of the Government, should at least be entitled to receive the minimum of the pay scale though he might not be entitled to any increment or any other allowance that is permissible to his counterpart in the Government. In our opinion that would be the correct position and we, therefore, direct that these daily-wagers would be entitled to draw at the minimum of the pay scale being received by their counterparts in the government and would not be entitled to any other allowances or increment so long as they continue as daily-wagers. The question of their regular absorption will obviously be dealt with in accordance with the statutory rules already referred to.”
The learned counsel for the petitioners has also cited the decision in the case of State of Haryana and Others Vs. Charanjit Singh and Others reported in (2006) 9 SCC 321.
3. The learned counsel for the petitioners submitted that in terms of Jagjit Singh’s case (cited supra), petitioners are entitled to reliefs sought in the present petition.
4. Heard the learned counsel for the petitioners.
5. Petitioners have admitted that they were never appointed by the official respondents. It is also not disputed that they are serving the official respondents through contractor in the absence of order of appointment. In identical circumstances Mysore City Corporation and Deputy Commissioner of Mandya District have recognized such of those employees for the purpose of extending certain service benefits. The above contentions are required to be dealt in the following manner.
Firstly the petitioners have no status with the official respondents to the extent that they were appointed under the official respondents. In the absence of any relationship of employer and employee, question of seeking writ of mandamus or any other direction to the official respondents, petitioners have not made out statutory right. In this regard Apex Court in the case of Mani Subrat Jain and Others, Vs. State of Haryana and Others reported in (1977)1 SCC 486, at paragraph 9 it has been held as under:
“9. The High Court rightly dismissed the petitions. It is elementary thought it is to be restated that no one can ask for a mandamus without a legal right. There must be a judicially enforceable right as well as a legally protected right before one suffering a legal grievance can ask for a mandamus. A person can be said to be aggrieved only when a person is denied a legal right by someone who has a legal duty to do something or to abstain from doing something.”
6. The cited decisions namely Jagjit Singh has no assistance to the petitioners unless petitioners established their relationship of employer and employee.
On the other hand, in identical circumstances Supreme Court in the case of State of Karnataka and Others Vs. KGSD Canteen Employees’ Welfare Association and Others (cited supra) have dealt elaborately what is the status of the petitioners therein and whether are they entitled for service benefits with the official respondents or not.
7. In State of Karnataka and others Vs. KGSD Canteen Employees’ Welfare Association and Others reported in (2006) 1 SCC 567 at paragraph 48 it has been held as under:
“48. The contention that at least for the period they have worked they were entitled to the remuneration in the scale of pay as that of the government employees cannot be accepted for more than one reason. They did not hold any post. No post for the canteen was sanctioned by the State. According to the State, they were not its employees. Salary on a regular scale of pay, it is trite, is payable to an employee only when he holds a status.”
8. The present case is squarely covered by the decision in the case of State of Karnataka and Others Vs. KGSD Canteen Employees’ Welfare Association and Others (cited supra). Accordingly, the contention of the petitioners that official respondents have discriminating petitioners on par with the names mentioned in Annexures-‘C’, ‘J’, ‘R’ and ‘S’ are concerned. If the official respondents extended illegal benefit to a certain class of persons, in such an event, petitioners have no right to claim such benefits in the absence of any statutory legal right. Recently Supreme Court in the case of Municipal Corporation of Greater Mumbai and Others Vs. Rafiqunnisa M.Khalifa (Deceased) through his legal heir Mohd. Muqueen Qureshi and Another reported in (2019) 5 SCC 119 examined under what circumstances writ of mandamus could be issued under Article 226 of the Constitution of India. Paragraphs 25 and 26 reads as under:
25. In our opinion, the High Court was, therefore, not justified in striking down the action of the appellant (Commissioner) taken under Section 314 of the Act for removal of their stalls/structures on 26-5-2018. The High Court was also not justified in issuing a mandamus directing the appellant Municipal Corporation to provide to each respondent some suitable land either in the same area or in adjacent area.
26. It is a settled principle of law that a writ of mandamus under Article 226 of the Constitution is issued, when there is a right and correspondingly there is a legal duty to perform. In this case, neither was there any right (contractual or legal) in writ petitioners’ favour and nor is there any provision in the Act which casts an obligation to provide any alternate land to the respondents.
In view of these facts and circumstances, petitioners have not made out a case.
Accordingly, petitions stand dismissed.
Sd/- JUDGE AP*