Karnataka High Court
P Dayanand vs Bruhat Bangalore Mahanagara on 14 March, 2022
Author: R Devdas
Bench: R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2022
BEFORE
THE HON' BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.7472 OF 2016 (S-PRO)
BETWEEN
1. P DAYANAND
AGED ABOUT 34 YEARS
S/O LATE PUTTARAJU
WORKING AS JUNIOR ENGINEER
AT THE OFFICE OF THE JOINT DIRECTOR
(TOWN PLANNING -NORTH)
BRUHAT BANGALORE MAHANAGAR PALIKE
HEAD OFFICE, N R SQUARE
HUDSON CIRCLE
BENGALURU - 560002
2. B R RANGANATH
AGED ABOUT 43 YEARS
S/O PAMPANNA
WORKING AS JUNIOR ENGINEER
AT THE OFFICE OF THE ASSISTANT
EXECUTIVE ENGINEER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
PEENYA INDUSTRIAL AREA,
HMT LAYOUT BENGALURU - 560073
3. R RAGHAVENDRA
AGED ABOUT 36 YEARS
S/O LATE M RAJANNA
WORKING AS JUNIOR ENGINEER
AT THE OFFICE OF THE EXECUTIVE ENGINEER
(SWM)
BRUHAT BANGALORE MAHANAGARA PALIKE
NEAR TOWN HALL CIRCLE,
2
DASAPPA HOSPITAL CAMPUS
BENGALURU - 560002 ... PETITIONERS
(BY SRI. REUBEN JACOB, SENIOR COUNSEL, FOR
SRI. PAVAN KUMAR M. N, ADVOCATE)
AND
1. BRUHAT BANGALORE MAHANAGARA
PALIKE
REPRESENTED BY
ITS COMMISSIONER
N R SQUARE, BENGALURU - 560002
2. DEPUTY COMMISSIONER (ADMN)
BRUHAT BENGALURU MAHANAGARA
PALIKE, N R SQUARE
BENGALURU - 560002
3. CHETAN H.D
S/O H.C.DIVAKAR
AGED ABOUT 36 YEARS
WORKING AS ASSISTANT ENGINEER I
IN THE OFFICE OF THE TRAFFIC
ENGINEERING CELL
ROAD INFRASTRUCTURE
N.R.SQUARE, HEAD OFFICE, BBMP
BANGALORE.
4. UDHAY CHOUGALE
S/O GINAPPA CHOUGALE
AGED ABOUT 32 YEARS
WORKING AS ASSISTANT ENGINEER
OFFICE OF THE SUPERINTENDENT ENGINEER
ROAD INFRASTRUCTURE
BBMP, BENGALURU-560002
5. SANTOSH KUMAR.M.
S/O M.MALLEGOWDA
AGED ABOUT 30 YEARS
WORKING AS ASSISTANT ENGINEER
3
OFFICE OF THE ASSISTANT
EXECUTIVE ENGINEER
WHITEFIELD SUB-DIVISION
BBMP, BENGALURU
6. H.K.THIPPESHA
S/O KUMARAIAH,
AGED ABOUT 41 YEARS
WORKING AS ASSISTANT ENGINEER
OFFICE OF THE JOINT DIRECTOR
TOWN PLANNING (NORTH)
BBMP, BENGALURU-560002
7. GURUPRASAD M.V.
S/O B.VIJAYA KUMAR
AGED ABOUT 31 YEARS
WORKING AS ASSISTANT ENGINEER
OFFICE OF ADTP, MAHADEVAPURA
WHITEFIELD, BBMP
BENGALURU
8. PUNEETH H.M.
AGED ABOUT 31 YEARS
S/O H.B. MALLESH
ASSISTANT ENGINEER
OFFICE OF THE ADTP WEST ZONE
BBMP, SAMPIGE ROAD
MALLESHWARAM
BANGALORE
9. SHREETEJ V.S
AGED ABOUT 30 YEARS
S/O LATE V.R. SATHYANARAYANA
ASSISTANT ENGINEER
OFFICE OF THE ADP
RR NAGAR ZONE
BBMP BANGALORE
10. PRAKASH K.S
AGED ABOUT 34 YEARS
S/O SOMEGOWDA
4
ASSISATANT ENGINEER
OFFICE OF THE ADTP
YELAHANKA ZONE
BBMP, AMRUTHAHALLI MAIN ROAD
BANGALORE
11. SUDHAKAR REDDY
AGED ABOUT 33 YEARS
S/O MAREDDY K.N
ASSISTANT ENGINEER
OFFICE OF THE ADTP,
BOMANAHALLI ZONE
BBMP, BEGUR MAIN ROAD
BANGALORE
12. RAJANNA
AGED ABOUT 49 YEARS
S/O BOMMEGOWDA
ASSISTANT ENGINEER
OFFICE OF THE ASSISTANT
EXECUTIVE ENGINEER
BBMP, J.C. NAGAR SUB-DIVISION
MR PALYA, HEBBAL
BANGALORE
13. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA, BANGALORE-560001
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY
...RESPONDENTS
(BY SRI.K.N. PHANINDRA, SENIOR COUNSEL FOR)
SRI. B.S. GAUTHAM, ADVOCATE FOR R1 & R2)
SRI. K.C. SHANTHA KUMAR, ADVOCATE
FOR R8 TO R12
SRI. ABHINAV.R, ADVOCATE & SRI. DEEPAK D.C,
ADVOCATE FOR R3 TO R7)
SMT. M.C.NAGASHREE, AGA FOR R13)
THIS WRIT PETITION IS FILED UNDER ARTICLES
5
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR THE ENTIRE RECORDS PERTAINING TO
PROMOTIONS TO THE CADRE OF ASSISTANT EXECUTIVE
ENGINEER IN THE R-1 PALIKE AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned Senior Counsel Sri Reuben Jacob, appearing for the petitioners submits that the petitioners who are admittedly Diploma Holders, joined services of the respondent-BBMP and were promoted as Junior Engineers.
2. On the other hand, the contesting respondents contend that they were directly appointed as Assistant Engineers having requisite educational qualification of Bachelor of Engineering.
3. The dispute in this writ petition is regarding promotional avenue to the cadre of Assistant Executive Engineer. This writ petition was filed in the year 2016 and the Rules governing the promotions 6 were contained in the Karnataka Municipal Corporation Rules, 1977 and 1999. Nevertheless, during the course of these proceedings, the Rules have been amended and the BBMP (General) C & R of Officers and Employees Rules, 2020 have been brought into existence. In view of the amended Rules, certain directions were issued by this Court, having regard to the fact that two separate cadres were created for Diploma Holders, on one hand, and for those having the Bachelor of Engineering Degrees. Provision is made for promotion of an Assistant Engineer who has a Bachelor Degree of Engineering to be promoted as Assistant Executive Engineer-I. On the other hand, a separate provision is made for promotion of Junior Engineer having Diploma to be promoted as Assistant Engineer-II and thereafter, Assistant Engineer-II to be promoted as Assistant Executive Engineer-II. This Court also noticed the fact that the new Rules were brought in place consequent to the observations and 7 directions issued by the Hon'ble Supreme Court in C.A.Nos.1837-1842/2020 dated 27.02.2020.
4. Even after the new Rules were brought into force, there was some controversy in the matter of interpretation of the percentage of posts to be divided between Assistant Executive Engineer-I and Assistant Executive Engineer-II. Therefore, by order dated 25.02.2021, this Court modified the earlier order and directed the BBMP-respondent to grant promotions to the post of Assistant Executive Engineer (Civil) Division-I from the cadre of Assistant Engineer Division-I excluding three posts, which were to be filled up subject to further orders being passed in the writ petition.
5. Learned Senior Counsel Sri Reuben Jacob, submits that there is a further development after having noticed the controversy regarding the division of the said posts and the Government has issued a Government Order dated 18.01.2022 enhancing the 8 number of posts for Assistant Executive Engineer (Civil) Division-I to 137 and posts of Assistant Executive Engineers (Civil) Division-II to 17. With this, the learned Senior Counsel submits that there is room for all the petitioners for being considered to the said posts and therefore the learned Senior Counsel submits that the earlier order may be modified taking into consideration the enhancement of the number of posts and the writ petition may be disposed of.
6. At this juncture, the learned Counsels for the contesting respondents have brought to the notice of this Court that the BBMP has been ignoring the minimum requirement of educational qualification even for the post of Assistant Engineer-II and Assistant Executive Engineer (Civil) Division-II.
7. However, learned Senior Counsel Sri Reuben Jacob, would contend that earlier there was no such requirement and however, in the present set of Rules, if there is any requirement of such minimum 9 educational qualification, it is for the BBMP to take care of those aspects.
8. Having regard to the submissions made at the bar, this Court proceeds to pass the following :
ORDER
i) The writ petition is partly allowed.
ii) The interim orders passed earlier by this Court and more particularly, the interim orders dated 25.02.2021 and 22.04.2021 are clarified herein while permitting the respondent-BBMP to consider the claim of all such eligible Assistant Engineers-II (Diploma Holders) to the post of Assistant Executive Engineers (Civil) Division-II.
iii) The directions given earlier reserving three posts or nine posts stand modified while permitting the BBMP and State Government to consider the claim of all the eligible Assistant Engineers-II to the post of Assistant Executive Engineers (Civil) Division-II. The communication dated 02.03.2022 made by the Additional Chief 10 Secretary, Urban Development Department to the Chief Commissioner, BBMP with reference to the interim orders dated 25.02.2021 and 22.04.2021 also stand clarified accordingly.
9. Consequently, the BBMP is directed to send its recommendation to the State Government and the State Government shall consider the case of all such eligible Assistant Engineers-II for promotion to the cadre of Assistant Executive Engineers (Civil) Division- II, as expeditiously as possible.
In view of the disposal of the writ petition, all pending I.As. do not survive for consideration and accordingly the same stand disposed of.
Learned AGA is permitted to file Memo of Appearance within a period of four weeks from today.
Sd/-
JUDGE JT/-