Karnataka High Court
K Uday Kumar vs The Principal Secretary To The ... on 18 July, 2022
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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WP No. 7762 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 7762 OF 2020 (S-RES)
BETWEEN:
1. K UDAY KUMAR
S/O LATE K P ACHARYA,
AGED ABOUT 57 YEARS,
PRESENTLY WORKING AS
ASSISTANT ENGINEER,
KARNATAKA HOUSING BOARD,
CAUVERY BHAVAN, K H ROAD,
BENGLAURU 560009
2. RAVI SHARANAPPA
AGED ABOUT 54 YEARS,
PRESENTLY WORKING AS
ASSISTANT ENGINEER,
KARNATAKA HOUSING BOARD,
KENGERI SUB DIVISION,
KENGERI 560060
3. SMT JYOTHI NAZARE
Digitally signed
by VIJAYA P D/O BHIMRAO NAZARE,
Location: High AGED ABOUT 50 YEARS,
Court of
Karnataka WORKING AS ASSISTANT ENGINEER,
KARNATAKA HOUSING BOARD,
SUB DIVISION
BELAGAVI 590001
4. SRI P K BOPANNA
S/O P K KARIYAPPA,
AGED ABOUT 58 YEARS,
PRESENTLY WORKING AS
ASSISTANT ENGINEER,
KARNATAKA HOUSING BOARD,
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WP No. 7762 of 2020
SURYANAGAR SUB DIVISION,
SURYANAGAR II PHASE,
BENGALURU.
5. A B BRAHMALA DEVI
D/O D P BRAHMARAYAPPA,
AGED ABOUT 46 YEARS,
PRESENTLY WORKING AS
ASSISTANT ENGINEER,
KARNATAKA HOUSING BOARD,
CAUVERY BHAVAN, K H ROAD,
BENGLAURU 560009
6. SRI M S MAHESH
S/O SUBRAMANYA,
AGED ABOUT 48 YEARS,
PRESENTLY WORKING AS
ASSISTANT ENGINEER,
K H B, SARSWATHIPURAM,
MYSORE 570009
7. SRI KRISHNAPPA
S/O SIDDAIAH,
AGED ABOUT 49 YEARS,
PRESENTLY WORKING AS
ASSISTANT ENGINEER,
KHB, CAUVERY BHAVAN,
BENGLAURU 560009
8. SRI LAWRENCE U G
S/O GEORGE,
AGED ABOUT 50 YEARS,
PRESENTLY WORKING AS
ASSISTANT ENGINEER,
KARNATAKA HOUSING BOARD,
SARSWATHIPURAM,
MYSORE 570009
9. LOKESHA B P
S/O PUTTAHANAMEGOWDA,
AGED ABOUT 50 YEARS,
PRESENTLY WORKING AS
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WP No. 7762 of 2020
ASSISTANT ENGINEER,
SURYANAGAR, III PHASE,
SURYANAGAR,
BENGLAURU.
10. RAMANNABALAPPA NANDI
AGED ABOUT 51 YEARS,
CARE OF DR C D KALASGOUDAR
HOUSE NO 16,
MRUTHYUNJAYA NAGAR,
NEAR J K SCHOL, HUBLI 580032
...PETITIONERS
(BY SRI. NAIK NITYANAND VENKATARAMAN, ADVOCATE FOR
P2 TO P10
PETITION IS DISMISSED AS WITHDRAWN IN RESPECT OF
PETITIONER NO.1 V/O DT. 19.08.2020)
AND:
1. THE PRINCIPAL SECRETARY TO
THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS,
VIDHANA SOUDHA,
BENGALURU 560001.
2. THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF KARNATAKA,
HOUSING DEPARTMENT,
VIKASA SOUDHA,
BENGALURU 560001
3. THE HOUSING COMMISSIONER
KARNATAKA HOUSING BOARD,
CAUVERY BHAVAN,
BENGALURU 560009.
4. SRI. HARISH N.S.
S/O. K. N. SRINIVASA RAO
AGED ABOUT 33 YEARS
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WP No. 7762 of 2020
WORKING AS ASSISTANT ENGINEER
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
DISTRICT PROJECT OFFICE,
HAVERI 581110.
5. MS. SOWMYA V.N
D/O. NINGAPPA V.H
AGED ABOUT 33 YEARS
WORKING AS ASSISTANT ENGINEER
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
DISTRICT PROJECT OFFICE,
BENGALURU URBAN,
KARNATAKA HOUSING BOARD,
CAUVERY BHAVAN,
K.G.ROAD,
BENGALURU 560 009.
6. SRI. VIJAY DESHINGE
S/O. SHANKAR DESHINGE,
AGED ABOUT 34 YEARS,
WORKING AS ASSISTANT ENGINEER
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
DISTRICT PROJECT OFFICE,
BELAGAVI 590 001.
7. SRI. S.N.JOSHI
AGED 56 YEARS
WORKING AS ASSISTANT EXECUTIVE ENGINEER,
KHB,
GADAG.
8. SRI. SYED AZGER
S/O. LATE A. SYED ANWAR
AGED 56 YEARS
PRESENTLY WORKING AS
ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD,
BENGALURU URBAN SUB-DIVISION,
CAUVERY BHAVAN,
BENGALURU 560 009.
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WP No. 7762 of 2020
9. SRI. KOTRESH
S/O. LATE SOMASHEKHARAIAH,
AGED 56 YEARS,
PRESENTLY WORKING AS
ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD,
SUB-DIVISION SURYANAGAR,
III PHASE, SURYANAGAR,
BENGALURU 560 094.
10. SMT. C. K. MANJULA
W/O. HALESHAPPA
AGED 50 YEARS
WORKING AS ASSISTANT EXECUTIVE ENGINEER
KARNATAKA HOUSING BOARD,
KOLAR DISTRICT PROJECT OFFICE,
KOLAR.
11. SRI. DAYANAND MALASHEKHAR
AGED 54 YEARS
WORKING AS DISTRICT PROJECT OFFICER
VIDYANAGAR, HUBLI.
12. SUDHIR P. BANARE
AGED 54 YEARS
WORKING AS ASSITANT EXECUTIVE ENGINEER
DPO, DAVANAGERE.
13. N.C.ANILKUMAR
S/O. A CHANDRASHEKARAIAH,
AGED 55 YEARS,
WORKING AS
ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD, CENTRAL BOARD,
BENGALURU 560 094.
14. K. GOPAL
S/O. PUTTAPPA
AGED 58 YEARS
WORKING AS ASSISTANT EXECUTIVE ENGINEER,
DISTRICT PROJECT OFFICE,
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WP No. 7762 of 2020
KARNATAKA HOUSING BOARD,
BENGALURU RURAL CAUVERI BHAVAN
BENGALURU 560 001.
15. ANIL G. SANKOLLI
S/O. GANAPATHI SANKOLLI
AGED ABOUT 56 YEARS
WORKING AS
ASSISTANT EXECUTIVE ENGINEER,
DISTRICT PROJECT OFFICE,
KARNATAKA HOUSING BOARD,
UDUPI 576 101.
16. M B SOMASHEKAR
S/O. BASAPPA
AGED 55 YEARS
WORKING AS ASSISTANT EXECUTIVE ENGINEER
DISTRICT PROJECT OFFICE
KARNATAKA HOUSING BOARD
MANDYA 571 401.
...RESPONDENTS
(BY SMT. M. C. NAGASHREE, AGA FOR R1 & R2
SRI. SRINIVAS GOWDA, ADV. FOR R3
SRI. MAHESH R. UPPIN, ADV. FOR R4 TO R6 & R13 TO R16
SRI. PRAKASH M. PATIL, ADV. FOR R7 TO R12)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
THE PRESCRIPTION OF 50 PERCENT QUOTA SEPARATELY FOR
DIPLOMA HOLDERS AND B.E. (CIVIL) DEGREE HOLDERS IN
THE CADRE OF ASSISTANT ENGINEERS FOR PROMOTION TO
THE CADRE OF ASSISTANT EXECUTIVE ENGINEERS AS PER
THE DRAFT CADRE AND RECRUITMENT RULES 2020
FORWARDED FROM THE OFFICE OF THE R-3 TO THE OFFICE OF
THE R-2 ON 4.5.2020 VIDE ANNEXURE-C AND THE RATIONALE
BEHIND IT AS UNCONSTITUTIONAL AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT, MADE THE FOLLOWING:
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WP No. 7762 of 2020
ORDER
Learned counsel for the petitioners has filed a memo for withdrawal, which reads as follows:
"In view of the promotion given to the petitioners by virtue of Amended Cadre and Recruitment Rules, the Petitioners are not pressing the Writ Petition for the present. This Hon'ble Court may be pleased to permit the Petitioners to withdraw the Writ petition at present keeping all contentions kept open, in the interest of justice and equity."
In light of the same, petition is dismissed.
Contentions of the petitioners are kept open.
Sd/-
JUDGE VP