Karnataka High Court
Sri Nagaraj M G vs The State Of Karnataka on 11 October, 2022
Bench: G.Narendar, P.N.Desai
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF OCTOBER, 2022
PRESENT
THE HON'BLE MR. JUSTICE G. NARENDAR
AND
THE HON'BLE MR. JUSTICE P.N.DESAI
WRIT PETITION NO.15333 OF 2022 (S-KSAT)
BETWEEN:
1. SRI NAGARAJ M G
WORKING AS COMMITTEE SECRETARY
AT, CITY CORPORATION,
SHIVAMOGGA - 590 001
AGED ABOUT 45 YEARS
S/O CHANDRASHEKHARAPPA M G,
R/AT SRI TEERTHALINGESHWAR NILAYA,
2ND CROSS, BASAVESHWAR NAGAR,
SHIVAMOGGA.
2. SRI RAVISHANKAR MASTIHOLIMATH,
WORKING AS COMMITTEE SECRETARY,
AT, CITY CORPORATION,
BELAGAVI - 577 428
AGED ABOUT 46 YEARS
S/O PANCHAKSHARAYYA
R/AT RS. NO. 207/B,
NEAR LAXMI TEMPLE
EXT. AREA, GOKAK.
3. SRI SUDHAKAR PUJAR
AGED ABOUT 46 YEARS
S/O BEERAPPA
HUDCO COLONY,
2
BAGALKOT ROAD,
VIJAYAPURA.
4. SRI RAVI RANGASUBHE
WORKING AS COUNCIL SECRETARY,
AT, CITY CORPORATION,
VIJAYAPURA - 586 101
AGED ABOUT 42 YEARS
S/O SUBHAS, RS NO.285
PLOT NO. 253 ASHRAY BADAVANE,
GOKAK.
5. SRI VIVEK BANNE,
WORKING AS OFFICE MANAGER,
AT, DISTRICT URBAN DEVELOPMENT CELL,
BELAGAVI - 577 428
AGED ABOUT 39 YEARS
S/O YADAVAPPA,
R/AT AP SHIRGAON CHIKODI (T)
BELAGAVI (D)
6. SRI PRAKASH MAHARUDRAPPA
CHANNAPPANAVAR,
WORKING AS CHIEF OFFICER,
AT TOWN MUNICIPAL COUNCIL,
SAVADATTI - 591 126.
AGED ABOUT 54 YEARS
S/O MAHARUDRAPPA,
R/AT 8TH CROSS, VIJAYANAGAR,
RANEBENNUR HAVERI (D)
7. SRI A H NAGARAJ
WORKING AS CHIEF OFFICER,
AT TOWN MUNICIPAL COUNCIL,
DEVANAHALLI - 562 110
AGED ABOUT 48 YEARS
C/O A R K HANUMANTHAPPA,
R/AT WARD 2, SHANTI NAGARA,
ELETHOTADA RAMAIAH LAYOUT,
DEVANAHALLI,
3
BANGALORE RURAL - 562 110.
8. SRI H R RAMESH
WAITING FOR POST
AGED ABOUT 50 YEARS
S/O H.E RAMU,
R/AT KARNANGERI VILLAGE,
MAKKANDUR POST,
MADIKERI, KODAGU (D).
9. SRI K B THEERTHAPRASAD,
WORKING AS CHIEF OFFICER
AT TOWN PANCHAYAT,
KUDATINI - 583 115.
AGED ABOUT 45 YEARS
S/O S BASAVARAJU,
SAPTHAGIRIBADAVANE,
TPK ROAD, TUMKURU.
10 . SRI RAVI SHIRGUPPI,
WAITING FOR POST
AGED ABOUT 41 YEARS
S/O RAMAPPA,
H.42, POST COLONY,
HUNNUR, JAMAKHANDI (T),
BAGALKOTE (D).
11 . SRI HUCHCHESH SHANKARAPPA CHITTARAGI,
WORKING AS COMMITTEE SECRETARY,
AT, CITY CORPORATION ,
VIJAYAPURA - 586 101
AGED ABOUT 40 YEARS,
S/O SHANKARAPPA,
PRABHAT NAGAR, KUDCHI ROAD,
JAMAKHANDI,
BAGALKOTE (D) - 587 301.
12 . SRI PRAKASH MATHAD
WORKING AS CHIEF OFFICER
AT,TOWN PANCHAYAT,
4
CHANNAMMANA KITTUR - 591 115
AGED ABOUT 42 YEARS
S/O BASAYYA
R/AT AP -HONNIHAL,
BELAGAVI,(T) AND (D).
13 . SRI ABHISHEK PANDE
WORKING AS CHIEF OFFICER
AT TOWN PANCHAYAT,
ALMEL - 586 202
AGED ABOUT 37 YEARS
S/O SURESH,
R/AT RAMPRASAD GALLI,
NEAR AIRTEL TOWER,
UPLI BURJ ROAD
BIJAPUR - 586 101.
14 . SRI JEEVAN
WORKING AS MUNICIPAL COMMISSIONER,
AT,CITY MUNICIPAL COUNCIL,
SHORAPUR - 585 224.
AGED ABOUT 46 YEARS
S/O BHEEMANNA,
UPPARVADI, YADAGIRI.
15 . SRI PRAVEEN BOGAR
WORKING AS CHIEF OFFICER,
AT, TOWN MUNICIPAL COUNCIL,
KAKKERA - 585 215.
AGED ABOUT 34 YEARS
S/O PRAKASH, KULAKARNI PETE,
KRISHNAPURA BUILDING,
LIKAL (RURAL),LIKAL, BAGALKOT.
16 . SRI N K DOMBAR
WORKING AS CHIEF OFFICER,
AT,TOWN PANCHAYAT,
KUNDGOL - 581 113.
AGED ABOUT 59 YEARS
RESIDING AT 6TH CROSS,
5
RAJESHWARI NAGARA,
RANI BENNUR - 581 115.
17 . SRI UMESH,
WORKING AS CHIEF OFFICER GRADE 2,
AT,TOWN MUNICIPAL COUNCIL,
JEVARGI - 585 310,
AGED ABOUT 42 YEARS,
S/O JEEVALU,
R/AT NEAR CHETAK SCHOOL,
FILTERED ROAD
KALABURGI - 585 104.
18 . SRI. PRAKASH,
WORKING AS COMMITTEE SECRETARY,
AT,BELAGAVI MAHANAGARA PALIKE - 577 428
AGED ABOUT 38 YEARS
S/O JINNAPPA MAGADUM
AP KUSANAL, KAGAWAD TQ,
BELGAUM - 591 307.
19 . SRI DANESHWARI B PATIL
WORKING AS OFFICE
ASSISTANT (REVENUE),
AT,HUBBALI-DHARWAD
MAHANAGARA PALLIKE, 580004.
AGED ABOUT 28 YEARS,
S/O BASALINGAPPA,
BASVANAGAR,
AT POST GOKAK,
BELGAUM 591307.
20 . SRI MANJUNATH PARASHURAM GULED,
WORKING AS CHIEF OFFICER,
AT TOWN PANCHAYAT,
AGED ABOUT 37 YEARS,
S/O PARASHURAM,
HEBBALLI PLOT,
NEAR MODEL HIGH SCHOOL,
NAVALGUND,DHARWAD 582 208.
6
21 . SMT PREETI,
WORKING AS OFFICE
ASSISTANT (REVENUE),
AT,VIJAYAPURA MAHANAGARA
PALIKE, 586 109.
AGED ABOUT 38 YEARS,
D/O SHIVANAND KUMASAGI,
C/O GURURAJ GADED,
NO.304, NEAR RAMBHAPURI
TELEPHONE QUARTERS,
KANAKASANDRA BADAVANE,
VIJAYAPAURA 586109.
22 . SRI MALLANAGOUDA
APPANAGOUDA BIRADAR,
WORKING AS COMMITTEE SECRETARY,
AT,VIJAYAPURA MAHANAGARA
PALIKE, 586101,
AGED ABOUT 38 YEARS,
S/O APPANAGOUDA,
AT HOSAHALLI POST TUMBAGI,
TUMBAGI TALIKOTI,
MUDDEBIHAL, BIJAPUR 586 214.
23 . SRI MAHANTESH BHAJANTRI
WORKING AS COMMITTEE SECRETARY,
AT, BELAGVI MAHANAGARA
PALIKE 591227,
AGED ABOUT 36 YEARS,
S/O HANAMAT,
AT POST MANNIKERI,
GOKAK, BELAGAVI 591 227.
24 . SRI NAGARAJA,
WORKING AS CHIEF OFFICER,
AT, UDUPI MUNICIPAL COUNCIL, 576 101,
AGED ABOUT 35 YEARS,
S/O KARIWALAPPA,
BA, PAMANAKALLUR, MANVI,
RAICHUR -584 120.
7
25 . SRI VINAYAKUMAR HOLEPPAGOL,
AGED ABOUT 32 YEARS,
S/O SABAPPA,
NO.01, DEVI APARTMENT,
YALAKKI SHETTAR COLONY,
VIDYAGIRI, DHARWAD 580 004.
26 . SRI BHARATH A,
WORKING AS CHEF OFFICER,
AT SHIKARIPURA MUNICIPAL
COUNCIL, 577 427,
AGED ABOUT 31 YEARS,
S/O PUTTA NAIK A,
1780/6, GANGASHRI, 1ST MAIN,
6TH CROSS,VINAYAKA EXTN,
VIDYANGAR,DAVANAGERE - 577 005.
27 . SRI HANAMANT MUDHOL,
WORKING AS OFFICE
ASSISTANT (REVENUE),
AT,HUBBALI-DHARWAD
MAHANAGARA PALIKE, 580 004.
AGED ABOUT 37 YEARS,
S/O SANGAPPA MUDHOL,
MUGALKHOD, TQ RAIBAG,
BELAGAVI 591 235.
28 . SRI NARASIMHA MURTHY P
WORKIG AS COMMITTEE SECRETARY,
AT,TUMKUR MAHANAGARA
PALIKE, 572 101,
AGED ABOUT 45 YEARS,
S/O POOJABYLAIAH,
NO.569, 9TH CROSS,
CHOLANAYAKANAHALLI,
R T NAGAR POST,
BENGALURE 560032.
29 . SMT SHEELA BAI
WORKING AS CHIEF OFFICER,
8
AT, SHAHABA, 585 228,
AGED ABOUT 32 YEARS,
PLOT NO. 3, BHEEMNAGAR,
KAKADE CHOWK RING ROAD,
NEHRU GUNJ, KALABURGI 585 104.
30 . SMT BHARATI,
WORKING AS CHIEF OFFICER,
AT TOWN MUNICIPAL COUNCIL,
GURMITKAL, 585 214,
AGED ABOUT 35 YEARS,
D/O CHENNABASAPPA,
H NO 3-966/3, BASAVA NIVAS,
ATTAR COMPOUND,
GAZIPURA JAGAT,
KALABURAGI 585101.
31 . SMT JYOTI UPPAR,
WORKING AS CHIEF OFFICER,
AT TOWN PANCHAYAT,
LOKAPUR, 587 122.
AGED ABOUT 27 YEARS,
D/O VITTAL,AT POST,
JEERAGAL, MUDHOL,
BAGALKOT 587313.
32 . SMT SHANTALA
WORKING AS COMMITTEE SECRETARY,
AT,TUMKUR MAHANAGARA
PALIKE -572 101.
AGED ABOUT 38 YEARS,
W/O SIDDARAJU,
THANISHKA NILAYA,
YELLAPURA, TUMKUR 572 106.
33 . SMT ASHWINI,
AGED ABOUT 29 YEARS,
D/O GEMSINGH CHAWAN,
NO.8-1545/AI/D NEAR
SEVLAL MANDIR,
9
SHIVAJI NAGAR,
KALBURGI-585104.
34 . SMT VIJAYANANDINI M
WORKING AS COMMITTEE SECRETARY,
AT,KMDAS RAJAJINAGARA, 560 010.
AGED ABOUT 35 YEARS,
D/O ANJANEYA,
NO.12 C B NAGAR, SULIBELE,
HOSKOTE TALUK,
BENGALURU RURAL 562 129.
35 . AKSHATA H,
WORKING AS CHIEF OFFICER,
AT,MANKI TOWN PANCHAYAT, 581 348.
AGED ABOUT 28 YEARS,
D/O HANUMANT SHIVU HALLER,
AT BIRKODI, POST: KAGAL KUMTA TQ,
UTTARA KANNADA DISTRICT 581 351.
36 . DODDAMALAVAIAH C
WORKING AS CHIEF
OFFICER GRADE 2,
AT,TOWN MUNICIPAL COUNCIL
ANEKAL 562 106.
AGED ABOUT 37 YEARS,
S/O CHIKKAMALAVAIAH,
LALGHATTA VILLAGE AND POST,
CHANNAPTNA TALUK,
RAMANAGARA-562 160.
WORKING AS CHIEF OFFICER GRADE-2,
AT,TOWN MUNICIPAL COUNCIL,
ANEKAL -562 106.
37 . ARUN KUMAR E N
WORKING AS COMMITTEE SECRETARY,
AT,SHIVAMOGGA TOWN PANCHAYAT,
VIJAYAANGAR 577 201.
AGED ABOUT 32 YEARS,
S/O NAGARAJAPPA E,
10
SINGRIHALLI VILLAGE,
HARAPANAHALLI TALUK,
VIJAYANAGAR -583 137.
38 . SABA SHEERIN,
WORKING AS OFFICE MANAGER,
AT,MUNICIPAL COUNCIL,
DEVANAHALLI - 562 110,
AGED ABOUT 31 YEARS,
D/O INAYAATH ULLA BAIG,
FRIENDS TELECOM, K.R.ROAD,
JC CIRCLE, HOSKOTE -562 114.
... PETITIONERS
(BY SRI.VIVEK REDDY., SENIOR ADVOCATE FOR
SRI. K.N SUBBA REDDY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
VIDHANA SOUDHA
MS BUILDING,
BANGALORE - 560 001
REP. BY CHIEF SECRETARY
2. DEPARTMENT OF URBAN DEVELOPMENT
GOVERNMENT OF KARNATAKA
REP BY ITS SECRETARY,
VIKASA SOUDHA
BANGALORE - 560 001
3. DIRECTORATE OF MUNICIPAL
ADMINISTRATION,
REPRESENTED BY ITS DIRECTOR,
9TH FLOOR,VISHWESHWARAIAH TOWERS,
DR.AMBEDKAR VEEDHI,
BANGALORE - 560 001.
... RESPONDENTS
(BY SRI. SUBRAMANYA.R, AAG A/W SMT. SHILPA S.GOGI.,HCGP)
11
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF
CERTIORARI OR ANY WRIT OR ORDER AND QUASHING ORDER PASSED BY
HONBLE KSAT DATED 25.07.2022 IN NA.No-OA/3086 TO 3123/2022 VIDE
ANNEXURE-B. 2. ISSUE A WRIT OF MANDAMUS BY DIRECTING THE
RESPONDENTS AUTHORITIES BY STAYING THE EXECUTION AND
OPERATION OF THE IMPUGNED NOTIFICATION/ RULES DATED 07.07.2022
BEARING KNo-UDD 82 EMC 2016 ISSUED BY THE SECRETARY URBAN
DEVELOPMENT DEPARTMENT CALLED AS THE KARNATAKA MUNICIPAL
ADMINISTRATIVE SERVICE (CADRE AND RECRUITMENT) RULES 2022-
ANNEXURE-A1 AND ALL THE PROMOTIONS AND ANY OTHER
PROCEEDINGS INITIATED UNDER THE IMPUGNED RULES. 3 ISSUE A WRIT
OF MANDAMUS AND DIRECT THE RESPONDENT AUTHORITIES AND
DIRECT THE RESPONDENT AUTHORITIES TO FOLLOW AND PROCEED WITH
THE PROMOTIONS AND SENIORITY OF THE PETITIONERS TO FOLLOW AND
PROCEED WITH THE PROMOTIONS AND SENIORITY OF THE PETITIONERS
AS PER THE KARNATAKA MUNICIPAL ADMINISTRATIVE SERVICE RULES,
1970 TO THE CADRE OF CHIEF OFFICER GRADE-I.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,
G.NARENDAR J., PASSED THE FOLLOWING:
ORDER
Heard learned Senior Counsel Sri. Vivek Reddy, for Sri. K.N. Subba Reddy for the petitioners and learned Addl. Advocate General Sri. Subramanya R. alongwith Smt. Shilpa S. Gogi, learned HCGP on behalf of the respondents.
2. Petitioners are the applicants before the Hon'ble Tribunal and they have preferred the instant writ petition being aggrieved by the order dated 25.07.2022, whereby the tribunal after considering the arguments on the interim prayer, has been pleased to permit granting of promotions subject to the result of the 12 applications. It is the case of the petitioners that the absorption or selection by way of absorption into Government service is expressly prohibited by Karnataka Act No.35 of 2020 which is otherwise called as 'The Karnataka State Civil Services (prohibition of Absorption of the Services of the Employees of the Establishments in public sector in to public service) Act, 2020. Reliance is placed on the provisions of sections 2 and 3 of the said Act.
3. Matter was heard and the crux of the issue was the issue of probable leapfrogging in view of the amendment to The Karnataka Municipal Administrative Service(Cadre and Recruitment) Rules, 2022 (draft Rules) vide notification dated 07.07.2022. When the same was put to the State, Sri. T. Manjunatha, Under Secretary to Government, Department of Urban Development, Vikasa Soudha, Bengaluru has filed an affidavit dated 14.09.2022 and the affidavit reads as under:-
AFFIDAVIT I, T. Manjunath S/o. late B. Nagaiah aged about 53 years, working Under Secretary to Government, Department of Urban Development, Vikasa Soudha, Bengaluru-560 001, do hereby solemnly affirm and state on oath as follows:-13
1. I submit that I am working as Under Secretary to Government, Department of Urban Development, Vikasa Soudha, Bengalur-560 001. I know the facts of the case. Hence, I am swearing to this affidavit based on the records made available to me.
2. I respectfully submit that the Department after noting anomaly regarding the seniority to be maintained between the employees, who were already promoted to the cadre of Chief Officer Grade-II from the feeder cadre of Revenue Officer, Office Manager of Urban Local Bodies, Manager and Directorate of Municipal Administration, it has been decided that their seniority will be maintained, notwithstanding the fact that their juniors who were still in the cadre of Revenue Officer, Office Manager or Urban Local Bodies, Manager and Directorate of Municipal Administration now placed equivalent to Chief Officer Grade-II. Thereafter, their inter-se seniority will be maintained as per their seniority in their respective cadre prior to amendment.
WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be pleased to dispose the above Writ Petition, in the interest of justice and equity.
14
4. It is the case of the respondents that the petitioners do not yet come within the zone of consideration for promotions and that the writ petition virtually prohibits granting any promotion to any persons and the relief sought for is more in the nature of a prohibition.
5. Per contra, learned Senior Counsel appearing on behalf of the petitioners would submit that any promotion by way of absorption, specifically and being statutorily prohibited, the respondents ought not to have acted contrary to the statute. In our considered opinion, the relief in the nature of prohibition cannot be granted unless there is material on record to demonstrate that the act complained of would be in the teeth of any statutory prohibition. Learned Senior counsel would express serious apprehension stating that the respondents are ready to grant promotions and absorb certain candidates contrary to the provisions of Karnataka Act No.35 of 2020.
6. In our considered opinion, the said apprehension stands allayed by the assurances given to this Court by the respondents by way of affidavit dated 14.09.2022. There has been discussions regarding the bar under the Karnataka Act No.35 of 15 2020. It is also fairly submitted by learned Addl. Advocate General based on the instructions of Under Secretary to Government, Department of Urban Development, who is present before the Court that the concerned have been suitably advised to bring about necessary changes to the Karnataka Act No.35 of 2020 and that action would be taken only in compliance with the statute and the Government does not have any intention of violating any statutory provisions. The submission is placed on record.
7. In view of the contents of the affidavit which is in the nature of an undertaking and the submissions made by learned Addl. Advocate General today before this Court, we are of the considered opinion that the writ petition could be disposed of on the basis of the undertaking in the form of affidavit and the submissions placed on record. In our considered opinion, the entire dispute raised under the applications stand addressed by the assurances given by the respondents and in that view of the matter, in our opinion, the applications itself do not survive for consideration. It is needless to state that in the event any action is taken by the respondents contrary to the assurances to this Court or to the statute, it is always open for the petitioners to seek remedy in a manner known to law.
16
With the above observations, the writ petition stands disposed of. In view of disposal of the main matter, I.A.No.2/2022 for impleading does not survive for consideration. There shall be no order as to costs.
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