Karnataka High Court
S P B Nanjappa vs State Of Karnataka on 23 July, 2014
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 23rd DAY OF JULY, 2014
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
WP NOS 35006- 35034 OF 2014 (S)
BETWEEN
1. S P B NANJAPPA
AGED ABOUT 61 YEARS,
S/O PUTTANNA,
EARLIER WORIKING AS COMMUNITY
AFFAIRS OFFICER,
R/A NO.84,
20TH CROSS, ITTAMADUGU,
BANASHANKARI III STAGE,
BANGALORE-560085
2. J.T.HANUMANTHA RAJU
AGED ABOUT 49 YEARS,
S/O J.T.THIPPESWAMY,
COMMUNITY AFFARIS,
OFFICER, NOW WORKING AS CHIEF OFFICER,
PATTANA PANCHAYATH
CHALLAKERE, CHITRADURGA DISTRICT.
3. R.SHIVAKUMAR
AGED ABOUT 46 YEARS,
S/O LATE H.RAMIAH,
WORKING AS COMMUNITY ORGANIZER,
OFFICER OF THE ASSISTANT REVENUE,
OFFICER RAJARAJESWARINAGAR,
RAJARAJESWARI ZONE, BBMP,
BANGALORE.
4. SMT.H.G.SHOBA
AGED ABOUT 53 YEARS,
WORIKINGAS COMMUNITY AFFAIRS
OFFICER, URBAN DEVELOPMENT
2
DEPARTMENT, VIKAS SOUDHA,
BANGALORE-560001
5. VENKATANAIKA
AGED ABOUT 47 YEARS,
S/O LATE DASANAIKA,
WORKING COMMUNITY AFFAIRS
OFFICER, TMC,
NANJANGUD
MYSORE DISTRICT.
6. M.RAJANNA
AGED ABOUT 46 YEARS,
S/O LATE C.MAHADEVAPPA,
COMMUNITY AFFARIS
OFFICER, NOW WORKING AS CHIEF OFFICER,
TMC SRIRANGAPATNA
MANDYA DISTRICT.
7. S.LOKESH
AGED ABOUT 41 YEARS,
S/O LATE SIDDEGOWDA,
COMMUNITY AFFAIRS,
OFFICER, NOW WORKING AS CHIEF OFFICER,
TMC BANNUR,
MYSORE DISTRICT.
8. H.C.HANUMANTHEGOWDA,
AGED ABOUT 50 YEARS,
S/O LATE H.CHIKKANNA,
COMMUNITY AFFAIRS
OFFICER, NOW WORKING AS CHIEF OFFICER,
TMC GOWRIBIDANUR
CHIKKABALLAPUR DIST.
9. L.MOHAN KUMAR
AGED ABOUT 43 YEARS,
S/O LAKSHMIKANTHAIAH
WORKING AS COMMUNITY AFFAIRS
OFFICER, PATTANA PANCHAYAT,
HOSANAGARA
SHIMOGA DISTRICT.
3
10. M.RAJAKUMAR
AGED ABOUT 47 YEARS,
S/O M.SHIVALINGAPPA,
COMMUNITY AFFAIRS
OFFICER, NOW WORKING AS CHIEF OFFICER,
TMC SHIRALAKOPPA SHIMOGA DISTRICT.
11. SHIVANAKARI GOWDA
AGED ABOUT 41 YEARS,
S/O SHIVANEGOWDA,
WORKING AS COMMUNITY AFFARIS,
OFFICER, CITY MUNICIPAL COUNCIL,
CHANNAPATNA
RAMANAGARA DISTRICT.
12. M.ESWARAPPA
AGED ABOUT 47 YEARS,
S/O MALLI, WORKING AS COMMUNITY
ORGANIZER, CITY MUNICIPAL COUNCIL,
BHADRAVATHI.
13. T.V.SUMA
AGED ABOUT 40 YEARS,
W/O SHIVANANKARI GOWDA,
WORKING AS COMMUNITY AFFAIRS,
OFFICER, TOWN MUNICIPAL COUNCIL,
MAGADI RAMANAGARA DISTRICT.
14. KADIGESH K SIRSI
AGED ABOUT 46 YEARS,
S/O KRISHNAPPA SIRSI,
WORKING AS COMMUNITY AFFARIS,
OFFICER, MAHANAGARA PALIKE,
DAVANGERE.
15. SIDDARAJU
AGED ABOUT 40 YEARS,
W/O LATE LINGEGOWDA,
WORKING AS COMUNITY ORGANIZER,
CITY MUNICIPAL COUNCIL,
RAMANAGA,
RAMANAGARA DISTRICT.
4
16. R.V.MANJUNATH
AGED ABOUT 44 YEARS,
S/O LATE VENKATEGOWDA,
WORKING AS COMMUNITY AFFAIRS,
OFFICER
TMC BANNUR,
MYSORE DISTRICT.
17. B.SHASHIKUMAR
AGED ABOUT 44 YEARS,
S/O CHIKKAPPA,
WORKING AS COMMUNITY ORGANIZER,
TMC, BANGARPET, KOLAR DISTRICT.
18. B.S.MOUNESH
AGED ABOUT 47 YEARS,
S/O RAMANNA
WORKING AS COMMUNITY ORGANIZER
CITY MUNICIPAL COUNCIL,
SAGAR,
SHIMOGA DISTRICT.
19. A.SURESH
AGED ABOUT 42 YEARS,
S/O ANANDA MARAKALA,
WORKING AS COMMUNITY AFFAIRS
OFFICER, KSBCL DEPOT,
JANKALNAGAR,
SAGAR,
SHIMOGA DISTRICT.
20. PRASANNA KUMAR
AGED ABOUT 42 YEARS,
S/O D.ANJANEYALU,
WORKING AS COMMUNITY AFFAIRS,
OFFICER, CITY MUNICIPAL COUNCIL,
SAGAR, SHIMOGA DISTRICT.
21. D.UMESH
MAJOR,
WORKING AS COMMUNITY
ORGANIZER,
TMC,HOSADURGA, CHITRADURGA DISTRICT.
5
22. SMT. ROOPA B.SHETTY,
AGED ABOUT 46 YEARS
WORKING AS COMMUNITY RGANIZER,
MAHANAGARA PALIKE, LALBAGH,
MANGALORE-575003
23. SMT.VIJAYA
MAJOR,
COMMUNITY AFFAIRS,
OFFICER, NOW WORKING AS MUNICIPAL
COMMISSIONER
CMC,CHAMARAJNAGAR.
24. C.LOKYANAIKA
AGED ABOUT 41 YEARS,
S/O L.CHANDRANAIKA,
WORKING AS COMMUNITY ORGANIZER,
TMC, HARAPANAHALLI, DAVANGERE DISTRICT.
25. M.N.MAHESH
MAJOR, FATHER NAME ; NOT KNOWN
WORKING AS COMMUNITY ORGANIZER,
TMC, MADDUR,
MANDYA DISTRICT.
26. L.SOMANNA
MAJOR, FATHER NAME ; NOT KNOWN
WORKING AS COMMUNITY ORGANIZER
OFFICE OF THE ADDITIONAL COMMISSIONER,
BRUHAT BANGALORE MAHANAGARA PLIKE,
JAYANAGAR II BLOCK, JAYANAGAR,
BANGALORE-560011
27. M.KRISHNAPPA
MAJOR, FATHER NAME ; NOT KNOWN
WORKING AS COMMUNITY ORGANIZER
SJSRY, BBMP, WESTERN ZONE,
SESHADRIPURAM, BANGALORE-5600020
28. SMT.SUMITRA
AGED ABOUT 39 YEARS,
W/O MOHANKUMAR,
6
WORKING AS COMMUNITY ORGANIZER,
PATANA PANCHAYAT,
HOSANAGAR,
SHIMOGA DISTRICT.
29. T.BALACHANDRAPPA,
AGED ABOUT 43 YEARS,
S/O BEERAPPA,
WORKING AS COMMUNITY ORGANIZER,
CITY MUNICIPAL COUNCIL,
SAGAR,
SHIMOGA DISTRICT-577401 ... PETITIONERS
(By Sri. M.: NAGA PRASANNA , ADVOCATE)
AND
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY TO GOVT.,
DEPARTMENT OF URBAN DEVELOPMENT,
VIDHANA SOUDHA, BANGALORE-560001
2. COMMISSIONER
DIRECTORATE OF MINICIPAL ADMINISTRATION,
9TH FLOO,R V.V.TOWER, AMBEDKAR VEEDHI,
BANGALORE-560001 ... RESPONDENTS
(By Smt M.S.PRATHIMA, HCGP )
THESE W.PS. FILED PRAYING TO DIRECT THE R-1
TO CONSIDER THE REPRESENTATIONS OF THE
PETITIONERS DATED 10.5.2011, 6.6.2011 AND 13.1.2012
VIDE ANN-M, N, P AND GRANT THE SERVICE BENEFITS BY
INCLUDING THE SERVICE RENDERED BY THEM PRIOR TO
THEIR DATES OF ABSORPTION FOR ALL PURPOSES OF
DETERMINATION OF SERVICE CONDITIONS
7
THESE PETITIONS COMING ON FOR PRLY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Government Pleader is directed to take notice for the respondents.
2. The respondent No.2 - The Commissioner of Director of Municipal Administration, Bangalore addressed a letter to the Secretary, Urban Development Department on 15.3.2013 recommending the case of the petitioners for promotion to the post of Chief Officer Gr.I. It is noticed in the recommendation itself, the draft rules have been incorporated. The said recommendation though it is made for more than a year ago, the respondent - Government has not considered the same.
3. On the basis of recommendation of respondent No.2, the petitioners have made representation dated 13.1.2012 and the same has been acknowledged by the respondents and in the representation , it has been prayed for consideration as it was recommended by R-2. The petitioners seek writ of mandamus to the Government to consider the recommendation of the R-2, representation of the petitioners and pass appropriate orders. When said draft rules have been framed and eligibility of the petitioners has been considered 8 by R-2, it is the duty of the Government to pass appropriate orders in considering the statutory right of the petitioners. The learned Govt. Pleader submits that the representations made by the petitioners in the light of the recommendation by R2 will be considered in accordance with law if not already considered.
4.In light of the submission of the learned counsel for both sides, these writ petitions are disposed of directing the first respondent to consider the representation and pass appropriate orders in the light of the recommendation by R-2. It is stated that some of the petitioners have retired from service and their cases shall be considered for retirement benefits as per law.
Sd/-
JUDGE NM/