Karnataka High Court
Sri. Venkatesh vs State Of Karnataka on 15 July, 2019
Author: P.B.Bajanthri
Bench: P.B. Bajanthri
1
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
2
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
3
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
4
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
5
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
6
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
7
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
8
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
9
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
10
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
11
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
12
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
13
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
14
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
15
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,
16
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
17
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
18
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
19
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
20
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:
21
ORDER
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.22
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 23 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 24 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 25 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 26 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 27 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. 28 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 29 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 30 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.31
In view of these facts and circumstances, petitioners have not made out a case.
Accordingly, petitions stand dismissed.
Sd/-
JUDGE AP*