Karnataka High Court
Sri A N Kazi vs The Chief Engineer on 15 February, 2017
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2017
BEFORE
THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
WRIT PETITION NO.38516/2010 (S-RES)
BETWEEN:
SRI A.N. KAZI
S/O. NIZAMUDDIN KAZI
AGED ABOUT 59 YEARS
R/AT C/6, 2ND CROSS, LABOUR COLONY
YANTRAPURA POST
HARIHARA TALUK
DAVANAGERE DISTRICT.
... PETITIONER
(BY SRI V.B. SIDDARAMAIAH, ADV.)
AND:
1. THE CHIEF ENGINEER
KARNATAKA NEERAVARI NIGAMA
UPPER TUNGA PROJECT ZONE
SHIMOGA.
2. THE SUPERINTENDING ENGINEER
KARNATAKA NEERAVARI NIGAMA
BHADRA PROJECT CIRCLE, LAKKOLI DAM
B.R. PROJECT
SHIMOGA.
3. THE EXECUTIVE ENGINEER
KARNATAKA NEERAVARI NIGAMA
NO.5, BHADRA CANAL DIVISION,
DAVANAGERE.
2
4. THE ASSISTANT EXECUTIVE ENGINEER
NO.4, HB CHANNEL SUB-DIVISION,
HARIHARA
DAVANAGERE DISTRICT.
5. THE PRINCIPAL SECRETARY
TO THE GOVERNMENT,
GOVERNMENT OF KARNATAKA
VIKASA SOUDHA
Dr. AMBEDKAR VEEDHI,
BANGALORE - 560 001.
6. THE CHIEF ENGINEER
M.I AND PHE (S)
DEPARTMENT OF PWD
K.R.CIRCLE
BANGALORE - 560 001.
R5 & R6 ARE AMENDED VIDE
COURT ORDER DATED 02.12.2011.
... RESPONDENTS
(BY SRI M.R.C. RAVI, ADV. FOR R1 to R4;
SRI M.A. SUBRAMANI, HCGP FOR R5 & R6)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
COMMUNICATION DATED 05.01.2001 ISSUED BY THE 1ST
RESPONDENT, THE CHIEF ENGINEER, KARNATAKA NEERAVARI
NIGAMA, UPPER TUNGA PROJECT ZONE, SHIMOGA,
COMMUNICATED TO THE 2ND RESPONDENT, THE
SUPERINTENDING ENGINEER, KARNATAKA NEERAVARI
NIGAMA, BHADRA PROJECT CIRCLE, LAKKOLI DAM, BR
PROJECT, SHIMOGA, VIDE ANNEXURE-H; DIRCECT THE 5TH
RESPONDENT AND 6TH RESPONDENT TO GIVE THE JUNIOR
ENGINEER PAY SCALE OF Rs.1,400-2,750 TO THE PETITIONER;
DIRECT THE 1ST RESPONDENT TO GIVE THE JUNIOR ENGINEER
PAY SCALE OF Rs.1,400-2,750 TO THE PETITIONER.
THIS PETITION COMING ON FOR HEARING THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER
The petitioner was appointed as Tracer by the Public Works Department. As the Government promoted the Work Inspectors who had the qualification of three years' Diploma Course as Junior Engineers, the petitioner who was on deputation to Karnataka Neeravari Nigama, on his promotion as Draughtsman, submitted a representation to extend the benefit of pay-scale of Junior Engineers to him. The Superintending Engineer made recommendation vide Annexure-G to consider the case and extend the benefit of pay-scale of `1400-2750 to the petitioner. The recommendation having not been accepted by the Chief Engineer, Karnataka Neeravari Nigama, this writ petition was filed to quash the rejection order as at Annexure-H.
2. Heard learned counsel on both sides and perused the record.
3. Undisputedly, petitioner was a Government servant and was sent on deputation to Karnataka 4 Neeravari Nigama. The service conditions of the petitioner is required to be regulated by the principal employer and not by the Organization, wherein he was on deputation i.e., Karnataka Neeravari Nigama. The recommendation made by the Superintending Engineer being without any lawful basis, the Chief Engineer, Karnataka Neeravari Nigama is justified in issuing the communication as at Annexure-H. As the petitioner has attained the age of superannuation and ceased to be in employment of the Government, there is no merit in this petition and hence, stands dismissed. However, it is open to the petitioner to submit representation to his principal employer to extend the benefit, if any was extended to his Junior in the cadre.
Sd/-
JUDGE sac*