Karnataka High Court
Sayyedbadasah S/O Hussain ... vs The State Of Karnataka on 22 February, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-D:4408
WP No. 105278 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
WRIT PETITION NO. 105278 OF 2023 (S-RES)
BETWEEN:
SAYYEDBADASAH S/O HUSSAIN
MURTUJASAHEB AGNI, AGED. 41 YEARS,
OCC. BILL COLLECTOR/MUNICIPAL LABOUR,
R/O. WARD NO.12, AMINGAD, TQ. HUNGUND,
DIST. BAGALKOT-587112.
... PETITIONER
(BY SRI. GIRISH A. YADAWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
R/BY ITS PRINCIPAL SECRETARY,
VIKAS SOUDHA, BENGALURU-560001.
2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION,
9TH FLOOR, VISHWESHWARAYYA TOWER,
DR. AMBEDKAR VEEDHI, BENGALURU-560001.
MANJANNA
E 3. THE TOWN MUNICIPAL COUNCIL,
Digitally signed
by MANJANNA E
AMINGAD, TQ. HUNGUND,
Date: 2024.02.24
12:06:33 +0530 DIST. BAGALKOT-587112.
... RESPONDENTS
(BY SRI. BASAVARAJ GODACHI, AGA FOR R1-R2;
SRI. H.R. DESHPANDE, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI TO QUASH THE ORDER DATED. --.11.2022 PASSED BY
THE RESPONDENT NO.2 IN ORDER NO.666211 DMA/EST
2UPGR/08/2022 DATED VIDE ANNEXURE-E AND CONSEQUENTLY
ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS 1 AND
2 TO ABSORB/APPOINT THE PETITIONER TO A POST IN THE SAME
CADRE/GROUP AS HE WAS EARLIER WORKING IN AND ETC.
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NC: 2024:KHC-D:4408
WP No. 105278 of 2023
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The following facts are undisputed.
2. The petitioner was appointed to the post of Bill Collector in Amingad Gram Panchayat on 28.9.2012. On 25.6.2015, Amingad Gram Panchayat was upgraded to a Town Municipal Council by virtue of a Government Order. As a consequence, all the employees of the Town Panchayath were proposed to be absorbed into the Municipal Council.
3. However, out of the eight employees were proposed to be absorbed, only seven employees were absorbed on the ground that there were only two posts of Bill Collector and the petitioner was therefore not absorbed as a Bill Collector. However, the Director of Municipal Administration has thereafter proceeded to absorb the services of the petitioner as a Pourakarmika, even after taking note of the fact that the petitioner had been appointed as a Bill Collector. It is stated in the order that the petitioner was being appointed as Pourakarmika by adjustment of his post to the vacant post available. In other words, since there was only a vacancy in the -3- NC: 2024:KHC-D:4408 WP No. 105278 of 2023 post of Pourakarmika, the petitioner was being absorbed as a Pourakarmika.
4. In my view, this decision to absorb the petitioner as a Pourakarmika, when he was admittedly working as a Bill Collector was upgraded cannot be sustained. If an employee is appointed in a particular designation, by virtue of his absorption into another Department, he cannot be demoted. Since the Government took a decision to absorb all the employees of the Gram Panchayath, necessarily the employees of the Gram Panchayath were required to be absorbed in the Municipality commensurate with the post that the absorbed employee was holding.
5. In that view of the matter, the impugned order cannot be sustained and the same is quashed. The Director of Municipal Administration is directed to absorb the service of the petitioner into a post, which is equivalent to that of a Bill Collector as on the date of upgradation of the Panchayath into Town Municipal Corporation. As a consequence, the petitioner shall also be paid the salary and other benefits with effect from 6.1.2021 i.e. the date on which a decision was taken to absorb -4- NC: 2024:KHC-D:4408 WP No. 105278 of 2023 the employees of the gram panchayath into the Town Municipal Council.
6. The said exercise shall be implemented within a period of two months from the date of receipt of certified copy of this order.
Sd/-
JUDGE VB/CT:BCK List No.: 1 Sl No.: 84