Karnataka High Court
Sri K L Gangadharaiah vs The Commissioner on 16 November, 2012
Author: Subhash B.Adi
Bench: Subhash B Adi
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE SUBHASH B ADI
WRIT PETITION NOS.45616 & 45629-59/2012(S-RES)
BETWEEN :
1 SRI K L GANGADHARAIAH
S/O M LINGAIAH,
AGED ABOUT 41 YEARS,
ASSISTANT DIRECTOR TOWN PLANNING,
YELAHANKA ZONE, NO.577,
6TH A MAIN, 3RD STAGE, 3RD BLOCK,
BASAVESHWARANAGAR,
BANGALORE-560 079
2 SRI. RAVINDRANATH THALAVADE
S/O RAMACHANDRA RAO,
AGED ABOUT 53 YEARS,
ASSISTANT DIRECTOR TOWN PLANNING,
YELAHANKA ZONE, G-1, PRAKRUTHI APARTMENT,
SHANKARMUTT MAIN ROAD, BASAVANAGUDI,
BANGALORE- 560 004
3 SRI. NAGESH B C
S/O CHANEGOWDA
AGED ABOUT 52 YEARS,
ASSISTANT DIRECTOR TOWN PLANNING,
WEST ZONE, R/A NO.80, 4TH MAIN ROAD,
NGEF LAYOUT, NAGARABHAVI,
BANGALORE-560 072
2
4 SRI. VIJAYA KUMAR B P
S/O PAPEGOWDA
AGED ABOUT 54 YEARS,
ASSISTANT DIRECTOR TOWN PLANNING,
MAHADEVAPURA ZONE, NO.106, B4,
KRISHNA BLOCK, NATIONAL GAMES VILLAGE,
KORAMANGALA, BANGALORE-560 047
5 SRI. RANGASWAMY T N
S/O T K NANJEGOWDA
AGED ABOUT 49 YEARS,
ASSISTANT ENGINEER,
OFFICE OF THE ASSISTANT DIRECTOR
TOWN PLANNING, MAHADEVAPURA ZONE,
KRISHNA BLOCK, NATIONAL GAMES VILLAGE,
KORAMANGALA, BANGALORE- 560 047
6 SRI. KRISHNA MURTHY S B
S/O BETTEGOWDA
AGED ABOUT 43 YEARS,
ASSISTANT DIRECTOR TOWN PLANNING,
BOMANAHALLI ZONE, NO. 123/5, DIPLI APARTMENTS,
IST CROSS, KIRLOSKAR COLONY, 3RD STAGE,
4TH BLOCK, BASAVESHWARANAGAR,
BANGALORE-560 079
7 SRI. S MALLIKARJUNA GOWDA
S/O CHANNEGOWDA
AGED ABOUT 54 YEARS,
ASSISTANT DIRECTOR TOWN PLANNING,
WEST ZONE, NO. 788, 15TH MAIN,
ITI LAYOUT, MALLAHATHAHALLI,
BANGALORE-560 056
8 SRI. K SUBRAMANYAM
S/O LATE NARAYANA RAJU
AGED ABOUT 49 YEARS,
ASSISTANT ENGINEER,
3
YELAHANKA ZONE, NO. 908, D BLOCK,
SAHAKARANAGAR, BANGALORE-560 092
9 SRI. K N NANDISH
S/O LATE K NIZALINGAPPA
AGED ABOUT 48 YEARS,
ASSISTANT ENGINEER,
YELAHANKA ZONE,
NO. B002M SAMRUDDI GARDENIA APARTMENT,
RAILWAY PARALLEL ROAD, A BLOCK,
SAHAKARANAGARA, BANGALORE- 560 092
10 SRI. H M MALLIKARJUNAIAH
S/O LATE SRI. H M PAKKEERAIAH,
AGED ABOUT 50 YEARS,
ASSISTANT ENGINEER,
YELAHANKA ZONE, FLAT NO.1,
CRESCENT COURT APARTMENT,
CRESCENT ROAD, BANGALORE- 560 001
11 MD. FAZLULLA SHARIFF
S/O LATE JABBAR SHARIFF
AGED ABOUT 55 YEARS,
ASSISTANT DIRECTOR TOWN PLANNING,
BOMMANAHALLI ZONE,
NO.13, 5TH MAIN ROAD,
JAYAMAHAL EXTENSION,
BANGALORE-560 046
12 SRI. H RAVI KUMAR
S/O LATE HANUMANTHA
AGED ABOUT 43 YEARS,
ASSISTANT DIRECTOR TOWN PLANNING,
R R NAGAR ZONE, NO.25/2, 13TH CROSS,
NIMISHAMBHA TEMPLE BACK SIDE,
IDEAL HOMES, R R NAGAR,
BANGALORE-560 098
4
13 M. MURALIDHARA
S/O K MUNISWAMY
AGED ABOUT 44 YEARS,
ASSISTANT DIRECTOR TOWN PLANNING,
DASARAHALLI ZONE,
NO.22/6, 12TH MAIN, 15TH CROSS,
MALLESWARAM, BANGALORE-560 003
14 SRI. SHIVANNA J
S/O JAVARE GOWDA
AGED ABOUT 50 YEARS,
ASSISTANT TOWN PLANNER,
DASARAHALLI ZONE,
OFFICE OF ASSISTANT DIRECTOR
TOWN PLANNING,
HOUSE NO.18, 4TH MAIN,
7TH CROSS, SANJAY NAGAR,
BANGALORE.
15 SRI. P GANGAPPA
S/O PILLAPPA
AGED ABOUT 54 YEARS,
ASSISTANT DIRECTOR TOWN PLANNING,
MAHADEVAPURA ZONE,
GANGA NILAYA, PRASHANTH NAGARA,
DEVANAHALLI TOWN.
16 SRI. M E TAVANE
S/O LATE SRI. T B ESHWARAPPA
AGED ABOUT 59 YEARS,
ASSISTANT DIRECTOR, BBMP (EAST ZONE),
NO. C-002, STEARLING GARDENS,
KEMPAPURA, HEBBAL, BANGALORE
17 SRI. V RAMESH
S/O LATE R S VENUGOPAL
AGED ABOUT 47 YEARS,
ASSISTANT ENGINEER, WEST ZONE,
5
OFFICE OF ASSISTANT DIRECTOR
TOWN PLANNING,
DOOR NO.276 (27/1), 15TH CROSS,
VYALIKAVAL, MALLESWARAM,
BANGALORE-560 003
18 SRI. P SHANU
W/O M P JAGADISH
AGED ABOUT 33 YEARS,
ASSISTANT DIRECTOR TOWN PLANNING,
SOUTH ZONE, NO.1, 2ND FLOOR,
AJANTHA GARDEN,
GARDEN PUBLIC SCHOOL ROAD,
UTTARAHALLI, BANGALORE-560 061
19 SRI. M N NARAYANA SWAMY
S/O M NANJUNDAIAH
AGED ABOUT 53 YEARS,
ASSISTANT ENGINEER, MAHADEVAPURA ZONE,
OFFICE OF ASSISTANT DIRECTOR TOWN PLANNING,
R/A MEDI MALLASANDRA (VIA) KADUGODI,
BANGALORE- 560 067
20 SRI. K VENKATESH
S/O LATE K KESHAVEGOWDA
AGED ABOUT 52 YEARS,
ASSISTANT DIRECTOR TOWN PLANNING,
EAST ZONE,NO.108, 7TH C ROAD,
PADMA NILAYA, LOWER PALACE ORCHARD,
BANGALORE- 560 003
21 SRI. PRASANNA KUMAR
S/O H S DEVAIAH
AGED ABOUT 49 YEARS,
ASSISTANT ENGINEER,
R R NAGAR ZONE, MATRUKRUPA, D/NO.1919,
BEHIND ANJANEYA SWAMY TEMPLE,
BANDIGOWDA LAYOUT, MANDYA
6
22 SRI. A MOHAN KUMAR
S/O S ASHWATHAIAH
AGED ABOUT 46 YEARS,
ASSISTANT ENGINEER,
R R NAGAR ZONE,
D.NO.148, 4TH MAIN ROAD,
10TH BLOCK, NAGARABHAVI, 2ND STAGE,
BANGALORE-560 072
23 SRI. A.R.BHASKAR
S/O J.M.RAMU
AGED ABOUT 49 YEARS,
POST: ASST. ENGINEER, R.R.NAGAR ZONE,
NO.29, 4TH CROSS, 2ND MAIN, KANAKA LAYOUT
PADMANABHANAGAR
BANGALORE - 70
24 SRI. M N KRISHORE
S/O LATE H R MAHADEVAIAH
AGED ABOUT 47 YEARS,
ASSISTANT ENGINEER, SOUTH ZONE,
OFICE OF THE ASSISTANT DIRECTOR
TOWN PLANNING, NO.612, 7TH MAIN,
4TH CROSS, VIJAYANAGAR, BANGALORE-560 040
25 SRI N R MAHESH
S/O LATE RANGE GOWDA
AGED ABOUT 49 YEARS
POST: ASST. ENGINEER, EAST ZONE
NO. 633, 9TH B MAIN ROAD
RPC LAYOUT, VIJAYANAGAR
BANGALORE-560 040
26 SRI M LEYAKATH
S/O SHEIKH MAHEBOOB
AGED ABOUT 42 YEARS
ASSISTANT DIRECTOR TOWN PLANNING
7
MAHADEVAPURA ZONE
R/A NO. 4/2, 2ND CROSS
NEW POLICE STATION ROAD
K R PURAM, BANGALORE-560 036
27 SRI H G BASAVARAJAPPA
S/O LATE H GURUSIDDAPPA
AGED ABOUT 58 YEARS
JUNIOR ENGINEER, WEST ZONE
OFFICE OF ASSISTANT DIRECTOR TOWN
PLANNING, NO. 5/1, 15TH MAIN ROAD
H M T LAYOUT, GOKULA 1ST STAGE
MATHIKERE, BANGALORE-560 054
28 SRI B S PRASHAD
S/O LATE B SIDDAIAH
AGED ABOUT 57 YEARS
ASSISTANT ENGINEER
BOMMANAHALLI ZONE
NO. 1855, 6TH CROSS
SHUBHASH NAGAR
MANDYA
29 SRI S N DEVENDRAPPA
S/O LATE NANDI BASAPPA
AGED ABOUT 48 YEARS
ASSISTANT ENGINEER
EAST ZONE, NO.17, SECTOR PETITIONER,
AMRUTHNAGAR
SAHAKARANAGARA POST,
BANGALORE
30 SRI B C BHARATH
AGED ABOUT 50 YEARS
S/O LATE P BALAGOPALA
ASSISTANT ENGINEER
SOUTH ZONE
NO. 40/1, S-2, SM APARTMENT
8
SUBRAMANYAPURA MAIN ROAD
PADMANABHANAGAR
BANGALORE-560 061
...PETITIONERS
( BY SRI.R L PATIL, ADV., FOR M/S PATIL AND PATIL, ADVS.,)
AND :
1 THE COMMISSIONER
BHRUTH BANGALORE MAHANAGARA PALIKE
N R SQUARE, BANGALORE-560 001
2 JOINT COMMISSIONER/ADDL. COMMISSIONER
BBMP, EAST ZONE
BANGALORE - 560 001
3 JOINT COMMISSIONER/ADDL. COMMISSIONER
BBMP, WEST ZONE
BANGALORE- 560 001
4 JOINT COMMISSIONER/ADDL. COMMISSIONER
BBMP, SOUTH ZONE
BANGALORE- 560 001
5 JOINT COMMISSIONER/ADDL. COMMISSIONER
BBMP, YELAHANKA ZONE
BANGALORE- 560 001
6 JOINT COMMISSIONER/ADDL. COMMISSIONER
BBMP, MAHADEVAPURA ZONE
BANGALORE - 560 001
7 JOINT COMMISSIONER/ADDL. COMMISSIONER
BBMP RAJA RAJESHWARINAGAR ZONE
BANGALORE - 560 001
9
8 JOINT COMMISSIONER/ADDL. COMMISSIONER
BBMP BOMMANAHALLI ZONE
BANGALORE - 560 001
9 JOINT COMMISSIONER/ADDL. COMMISSIONER
BBMP, DASARAHALLI ZONE
BANGALORE - 560 001
...RESPONDENTS
( BY SRI. M R SHAILENDRA, ADV., FOR R1-9 )
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE ORDER DATED 6.11.12 PASSED BY THE RESPONDENT
VIDE ANNX-A TO THE WP .
THESE PETITIONS ARE COMING ON FOR ORDERS THIS
DAY THE COURT MADE THE FOLLOWING:
ORDER
All these petitioners are aggrieved by the office order dated 06.11.2012, wherein the Commissioner for Bruhat Bangalore Mahanagara Palike (BBMP) has stated that the post of the Assistant Director (Town Planning) have been abolished and the petitioners were directed to report to the duty as Assistant Engineers and Junior Engineers at different wards of the Corporation.
10
2. The principal contention of the learned counsel for the petitioners is that, the Commissioner has no power to abolish the post of Assistant Director in Town Planning, as such the impugned order is per say illegal and not sustainable in law.
3. On the other hand, learned counsel appearing for the Corporation submitted that, no post of Assistant Director has been abolished. Further, submitted that, all these petitioners are on deputation from the PWD Department. They were deputed to town planning and then to the Corporation, they are all working under the Corporation. Petitioners are Assistant Executive Engineers and Junior Engineers, their designation or status has not been changed. Neither the seniority nor the service conditions of these petitioners is affected. For the exigency, their services have been utilized at different wards, as such the impugned order at Annexure-A does not affect the service conditions of the petitioners.
11
4. Since the submission made by the learned counsel for the Corporation that, the post of Assistant Directors has not been abolished is already on record, it will clarify the petitioners' apprehension. However, it is clarified that, all these petitioners are not disputing that they were on deputation from PWD Department and they were lent to the Corporation for particular period and the Corporation can utilize their services in various departments and in consonance with the same, for the exigency, the Commissioner has utilized the services of these petitioners at different wards.
5. In view of the submission of the learned counsel for the Corporation, I do not find there is any reason to interfere with the order impugned in these writ petitions. However, if the Corporation decides to utilize the service at a different place, as the services of these petitioners having been deputed to the Corporation, there is nothing wrong in the Commissioner's exercise of power to place the petitioners in different wards.
12
With these clarifications, these writ petitions stand disposed of. Consequently, I.A.Nos.1/2012 and 2/2012 do not survive for consideration and same are also disposed of.
Sd/-
JUDGE PMR